HB 427 - Probation services; transfer to Pardons and Paroles Board

First Reader Summary

A BILL to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to transfer all responsibilities for probation services from the Department of Corrections to the State Board of Pardons and Paroles; and for other purposes.

Dobbs, Denny M (92nd) Murphy, Thomas B (18th) Lee, William J (94th)
Walker, Larry (141st) Twiggs, Ralph (8th)
Status Summary HC: SI&P SC: LA: 02/06/97 H - Read 2nd Time
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12/ 13/ 14/ 15/ 16/ 17/ 18/ 19/ 20/ 21/ 22/ 23/ 24/ 25/ 26/ 27/ 28/ 29/ 30/ 31/ 32/ 33/ 34/ 35/ 36/ 37/ 38/ 39/ 40/ 41/ 42/ 43/ 44/ 45/ 46/ 47/ 48/ 49/ 50/ 51/ 52/ 53/ 54/ 55/ 56
Code Sections - 16-11-130/ 42-1-10/ 42-8-1/ 42-8-2/ 42-8-3/ 42-8-20/ 42-8-21/ 42-8-22/ 42-8-23/ 42-8-24/ 42-8-25/ 42-8-26/ 42-8-27/ 42-8-28/ 42-8-29/ 42-8-29.1/ 42-8-30/ 42-8-30.1/ 42-8-31/ 42-8-32/ 42-8-33/ 42-8-34/ 42-8-34.1/ 42-8-34.2/ 42-8-35/ 42-8-35.1/ 42-8-35.2/ 42-8-35.3/ 42-8-35.4/ 42-8-35.5/ 42-8-35.6/ 42-8-36/ 42-8-37/ 42-8-38/ 42-8-39/ 42-8-40/ 42-8-41/ 42-8-42/ 42-8-43/ 42-8-44/ 42-8-60/ 42-8-61/ 42-8-62/ 42-8-63/ 42-8-64/ 42-8-65/ 42-8-70/ 42-8-71/ 42-8-72/ 42-8-73/ 42-8-74/ 42-8-80/ 42-8-81/ 42-8-82/ 42-8-83/ 42-8-84/ 42-8-100/ 42-8-101/ 42-8-102/ 42-8-103/ 42-8-104/ 42-8-105/ 42-8-106/ 42-8-107/ 42-8-108/ 42-8-110/ 42-8-111/ 42-8-112/ 42-8-113/ 42-8-114/ 42-8-115/ 42-8-116/ 42-8-117/ 42-8-118/ 42-8-130
House Action Senate
2/4/97 Read 1st Time
2/6/97 Read 2nd Time

HB 427                                             LC 21 4318 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 42 of the Official Code of Georgia Annotated, 
  1- 2  relating to penal institutions, so as to transfer all 
  1- 3  responsibilities for probation services from the Department 
  1- 4  of Corrections to the State Board of Pardons and Paroles; to 
  1- 5  amend various other provisions of the Official Code of 
  1- 6  Georgia Annotated so as to change certain references; to 
  1- 7  provide an effective date; to repeal conflicting laws; and 
  1- 8  for other purposes. 
 
  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-10                           SECTION 1. 
 
  1-11  Part 3 of Article 4 of Chapter 11 of Title 16 of the 
  1-12  Official Code of Georgia Annotated, relating to the carrying 
  1-13  and possession of firearms, is amended by striking in its 
  1-14  entirety paragraph (12) of subsection (c) of Code Section 
  1-15  16-11-127.1, relating to carrying  weapons within school 
  1-16  safety zones, at school functions, or on school property, 
  1-17  and inserting in lieu thereof the following: 
 
  1-18      "(12) Probation supervisors employed by and under the 
  1-19      authority of the Department of Corrections State Board 
  1-20      of Pardons and Paroles pursuant to Article 2 of Chapter 
  1-21      8 of Title 42, known as the 'State-wide Probation Act,' 
  1-22      when specifically designated and authorized in writing 
  1-23      by the director of the Division of Probation chairman of 
  1-24      the board"; 
 
  1-25                           SECTION 2. 
 
  1-26  Said part is further amended by striking in its entirety 
  1-27  Code Section 16-11-130, relating to exemptions from certain 
  1-28  restrictions on the possession of weapons, and inserting in 
  1-29  lieu thereof the following: 
 
  1-30    "16-11-130. 
 
  1-31    (a) Code Sections 16-11-126 through 16-11-128 shall not 
  1-32    apply to or affect any of the following persons if such 
 
 
 
                                 -1- 
 
 
 
  2- 1    persons are employed in the offices listed below or when 
  2- 2    authorized by federal or state law, regulations, or order: 
 
  2- 3      (1) Peace officers; 
 
  2- 4      (2) Wardens, superintendents, and keepers of 
  2- 5      correctional institutions, jails, or other institutions 
  2- 6      for the detention of persons accused or convicted of an 
  2- 7      offense; 
 
  2- 8      (3) Persons in the military service of the state or of 
  2- 9      the United States; 
 
  2-10      (4) Persons employed in fulfilling defense contracts 
  2-11      with the government of the United States or agencies 
  2-12      thereof when possession of the weapon is necessary for 
  2-13      manufacture, transport, installation, and testing under 
  2-14      the requirements of such contract; 
 
  2-15      (5) District attorneys, investigators employed by and 
  2-16      assigned to a district attorney's office, and assistant 
  2-17      district attorneys; 
 
  2-18      (6) State court solicitors-general; investigators 
  2-19      employed by and assigned to a state court 
  2-20      solicitor-general's office; assistant state court 
  2-21      solicitors-general; the corresponding personnel of any 
  2-22      city court expressly continued in existence as a city 
  2-23      court pursuant to Article VI, Section X, Paragraph I, 
  2-24      subparagraph (5) of the Constitution; and the 
  2-25      corresponding personnel of any civil court expressly 
  2-26      continued as a civil court pursuant to said provision of 
  2-27      the Constitution; 
 
  2-28      (7) Those employees of the State Board of Pardons and 
  2-29      Paroles when specifically designated and authorized in 
  2-30      writing by the members of the State Board of Pardons and 
  2-31      Paroles to carry a weapon; 
 
  2-32      (8) The Attorney General and those members of his or her 
  2-33      staff whom he or she specifically authorizes in writing 
  2-34      to carry a weapon; 
 
  2-35      (9) Chief probation officers, probation officers, 
  2-36      intensive probation officers, and surveillance officers 
  2-37      employed by and under the authority of the Department of 
  2-38      Corrections State Board of Pardons and Paroles pursuant 
  2-39      to Article 2 of Chapter 8 of Title 42, known as the 
  2-40      'State-wide Probation Act,' when specifically designated 
 
 
 
 
                                 -2- 
 
 
 
  3- 1      and authorized in writing by the director of Division of 
  3- 2      Probation chairman of the board; 
 
  3- 3      (10) Public safety directors of municipal corporations; 
 
  3- 4      (11) Explosive ordnance disposal technicians, as such 
  3- 5      term is defined by Code Section 16-7-80, and persons 
  3- 6      certified as provided in Code Section 35-8-13 to handle 
  3- 7      animals trained to detect explosives, while in the 
  3- 8      performance of their duties; 
 
  3- 9      (12) State and federal trial and appellate judges; 
 
  3-10      (13) United States Attorneys and Assistant United States 
  3-11      Attorneys; 
 
  3-12      (14) County medical examiners and coroners and their 
  3-13      sworn officers employed by county government; and 
 
  3-14      (15) Clerks of the superior courts. 
 
  3-15    (b) Code Sections 16-11-126 through 16-11-128 shall not 
  3-16    apply to or affect persons who at the time of their 
  3-17    retirement from service with the Department of Corrections 
  3-18    or with the Board of Pardons and Paroles were chief 
  3-19    probation officers, probation officers, intensive 
  3-20    probation officers, or surveillance officers, when 
  3-21    specifically designated and authorized in writing by the 
  3-22    director of Division of Probation. 
 
  3-23    (c) A prosecution based upon a violation of Code Section 
  3-24    16-11-126, 16-11-127, or 16-11-128 need not negative any 
  3-25    exemptions." 
 
  3-26                           SECTION 3. 
 
  3-27  Code Section 17-10-1 of the Official Code of Georgia 
  3-28  Annotated, relating to the fixing of sentences and 
  3-29  suspension or probation of sentences and related matters, is 
  3-30  amended by striking in its entirety subparagraph (a)(5)(B) 
  3-31  and inserting in lieu thereof the following: 
 
  3-32        "(B) The Department of Corrections State Board of 
  3-33        Pardons and Paroles shall establish a form document 
  3-34        which shall include the elements set forth in this 
  3-35        Code section concerning notification of victims and 
  3-36        shall make copies of such form available to 
  3-37        prosecuting attorneys in the state.  When requested by 
  3-38        the victim, the form document shall be provided to the 
  3-39        victim by the prosecuting attorney.  The form shall 
  3-40        include the address of the probation office having 
 
 
 
                                 -3- 
 
 
 
  4- 1        jurisdiction over the case and contain a statement 
  4- 2        that the victim must maintain a copy of his or her 
  4- 3        address with the probation office and must notify the 
  4- 4        office of any change of address in order to maintain 
  4- 5        eligibility for notification by the Department of 
  4- 6        Corrections State Board of Pardons and Paroles as 
  4- 7        required in this Code section." 
 
  4- 8                           SECTION 4. 
 
  4- 9  Code Section 40-5-83 of the Official Code of Georgia 
  4-10  Annotated, relating  to the establishment and approval of 
  4-11  clinics and programs, out-of-state certificates of 
  4-12  completion, instructor licenses, and related matters, is 
  4-13  amended by striking in its entirety subsection (d) and 
  4-14  inserting in lieu thereof the following: 
 
  4-15    "(d) Notwithstanding the provisions of any law or rule or 
  4-16    regulation which prohibits any individual who is a 
  4-17    probation officer or other official or employee of the 
  4-18    probation division of the Department of Corrections State 
  4-19    Board of Pardons and Paroles or a spouse of such 
  4-20    individual from owning, operating, instructing at, or 
  4-21    being employed by a driver improvement clinic, any 
  4-22    individual who is a probation officer or other official or 
  4-23    employee of the probation division of the Department of 
  4-24    Corrections State Board of Pardons and Paroles or a spouse 
  4-25    of such individual who owns, operates, instructs at, or is 
  4-26    employed by a driver improvement clinic on June 1, 1985, 
  4-27    and who in all respects is and remains qualified to own, 
  4-28    operate, instruct at, or be employed by a driver 
  4-29    improvement clinic is expressly authorized to continue on 
  4-30    and after June 1, 1985, to engage in such activities.  No 
  4-31    person who owns, operates, or is employed by a private 
  4-32    company which has contracted to provide probation services 
  4-33    for misdemeanor cases shall be authorized to own, operate, 
  4-34    be an instructor at, or be employed by a driver 
  4-35    improvement clinic or a DUI Alcohol or Drug Use Risk 
  4-36    Reduction Program." 
 
  4-37                           SECTION 5. 
 
  4-38  Title 42 of the Official Code of Georgia Annotated, relating 
  4-39  to penal institutions, is amended by striking in its 
  4-40  entirety Code Section 42-1-10, relating to preliminary urine 
  4-41  screen drug tests, and inserting in lieu thereof the 
  4-42  following: 
 
 
 
 
                                 -4- 
 
 
 
  5- 1    "42-1-10. 
 
  5- 2    (a) Any probation officer, parole officer, or other 
  5- 3    official or employee of  the Department of Corrections or 
  5- 4    the State Board of Pardons and Paroles who supervises any 
  5- 5    person covered under the provisions of paragraphs (1) 
  5- 6    through (7) of this subsection shall be exempt from the 
  5- 7    provisions of Chapter 22 of Title 31 for the limited 
  5- 8    purposes of administering a preliminary urine screen drug 
  5- 9    test to any person who is: 
 
  5-10      (1) Incarcerated; 
 
  5-11      (2) Released as a condition of probation for a felony or 
  5-12      misdemeanor; 
 
  5-13      (3) Released as a condition of conditional release; 
 
  5-14      (4) Released as a condition of parole; 
 
  5-15      (5) Released as a condition of provisional release; 
 
  5-16      (6) Released as a condition of pretrial release; or 
 
  5-17      (7) Released as a condition of control release. 
 
  5-18    (b) The Department of Corrections and the State Board of 
  5-19    Pardons and Paroles shall develop a procedure for the 
  5-20    performance of preliminary urine screen drug tests in 
  5-21    accordance with the manufacturer's standards for 
  5-22    certification.  Probation officers, parole officers, or 
  5-23    other officials or employees of the Department of 
  5-24    Corrections or the State Board of Pardons and Paroles who 
  5-25    are supervisors of any person covered under paragraphs (1) 
  5-26    through (7) of subsection (a) of this Code section shall 
  5-27    be authorized to perform preliminary urine screen drug 
  5-28    tests in accordance with such procedure.  Such procedure 
  5-29    shall include instructions as to a confirmatory test by a 
  5-30    licensed clinical laboratory where necessary." 
 
  5-31                           SECTION 6. 
 
  5-32  Said title is further amended by striking in its entirety 
  5-33  subparagraph (a)(1)(B) of Code Section 42-1-12, relating to 
  5-34  the registration of sexually violent predators, and 
  5-35  inserting in lieu thereof the following: 
 
  5-36        "(B) With respect to an offender who is sentenced to a 
  5-37        period of incarceration in a prison under the 
  5-38        jurisdiction of the Department of Corrections and who 
  5-39        is subsequently released from prison or placed on 
  5-40        probation, the commissioner of corrections chairman of 
 
 
                                 -5- 
 
 
 
  6- 1        the State Board of Pardons and Paroles or his or her 
  6- 2        designee; and" 
 
  6- 3                           SECTION 7. 
 
  6- 4  Said title is further amended by striking in its entirety 
  6- 5  Chapter 8, relating to probation, and inserting in lieu 
  6- 6  thereof the following: 
 
 
 
 
  6- 7    42-8-1. 
 
  6- 8    There is created the Advisory Council for Probation, to be 
  6- 9    composed of one superior court judge from each of the 
  6-10    judicial administrative districts. The district council 
  6-11    for each judicial administrative district shall select a 
  6-12    superior court judge who shall be each respective 
  6-13    district's member of the council. The initial terms of 
  6-14    office of the council members shall be as follows: 
  6-15    Districts 1 through 3, one year; Districts 4 through 6, 
  6-16    two years; Districts 7 through 10, three years. 
  6-17    Thereafter, all successors to the initial members of the 
  6-18    council shall serve for terms of office of three years. 
  6-19    Members of the advisory council shall be selected by the 
  6-20    district councils, meeting in caucus called for such 
  6-21    purpose by the administrative judge of each district. 
 
  6-22    42-8-2. 
 
  6-23    The Advisory Council for Probation shall meet, consult, 
  6-24    and advise with the State Board of Corrections and the 
  6-25    Department of Corrections Pardons and Paroles on questions 
  6-26    and matters of mutual concern and interest relative to 
  6-27    policy, personnel, and budget which pertain to 
  6-28    probationary activities, powers, duties, and 
  6-29    responsibilities of the board and the department. The 
  6-30    advisory council shall institute such studies and surveys 
  6-31    and shall make such recommendations to the board and 
  6-32    department as the council deems wise and necessary and 
  6-33    which, in the opinion of the council, will improve the 
  6-34    effectiveness and efficiency of probation services 
  6-35    rendered throughout the state. No change in existing 
  6-36    policy of the board or the department relative to 
  6-37    probation, if the magnitude of the change will result in a 
  6-38    significant impact upon state-wide probationary services, 
  6-39    or any such new policy, shall be instituted by the board 
  6-40    or department without opportunity being afforded to the 
 
 
 
                                 -6- 
 
 
 
  7- 1    advisory council to advise and consult with the board or 
  7- 2    department on the proposed changes. However, the 
  7- 3    recommendations of the advisory council shall be advisory 
  7- 4    only and shall not bind the board or department. The 
  7- 5    board, the department, and the council shall meet 
  7- 6    periodically throughout each year for the purpose of 
  7- 7    improving the administration, efficiency, and 
  7- 8    effectiveness of probation services. 
 
  7- 9    42-8-3. 
 
  7-10    The Advisory Council for Probation is authorized to employ 
  7-11    and fix the compensation of a staff director, subject to 
  7-12    the appropriation of funds for this position, who shall be 
  7-13    responsible to the council and who shall discharge such 
  7-14    duties and assignments as shall be assigned to him or her 
  7-15    by the council. Members of the council shall be reimbursed 
  7-16    for their actual expenses incurred in connection with the 
  7-17    activities and responsibilities of the council. The funds 
  7-18    necessary to meet the expenses of the council shall be met 
  7-19    from funds appropriated to or otherwise available for the 
  7-20    operation of the superior courts. 
 
 
 
  7-21    42-8-20. 
 
  7-22    This article shall be known and may be cited as the 
  7-23    'State-wide Probation Act.' 
 
  7-24    42-8-21. 
 
  7-25    As used in this article, the term: 
 
  7-26    (1) 'Board' means the State Board of Corrections Pardons 
  7-27    and Paroles. 
 
  7-28      (2) 'Commissioner' means the commissioner of 
  7-29      corrections. 
 
  7-30      (3) 'Department' means the Department of Corrections. 
 
  7-31    42-8-22. 
 
  7-32    There is created a state-wide probation system to be 
  7-33    administered by the Department of Corrections. The 
  7-34    probation system shall not be administered as part of the 
  7-35    duties and activities of the State Board of Pardons and 
  7-36    Paroles. Separate files and records shall be kept with 
  7-37    relation to the system. 
 
 
 
 
                                 -7- 
 
 
 
  8- 1    42-8-23. 
 
  8- 2    The department board shall administer the supervision of 
  8- 3    probationers. Nothing in this Code section shall alter the 
  8- 4    relationship between judges and probation supervisors 
  8- 5    prescribed in this article. 
 
  8- 6    42-8-24. 
 
  8- 7    It shall be the duty of the department board to supervise 
  8- 8    and direct the work of the probation supervisors provided 
  8- 9    for in Code Section 42-8-25 and to keep accurate files and 
  8-10    records on all probation cases and persons on probation. 
  8-11    It shall be the duty of the board to promulgate rules and 
  8-12    regulations necessary to effectuate the purposes of this 
  8-13    chapter. 
 
  8-14    42-8-25. 
 
  8-15    The department board shall employ probation supervisors. 
  8-16    The department board may assign one supervisor to each 
  8-17    judicial circuit in this state or, for purposes of 
  8-18    assignment, may consolidate two or more judicial circuits 
  8-19    and assign one supervisor thereto. In the event the 
  8-20    department board  determines that more than one supervisor 
  8-21    is needed for a particular circuit, an additional 
  8-22    supervisor or additional supervisors may be assigned to 
  8-23    the circuit. The department board is authorized to direct 
  8-24    any probation supervisor to assist any other probation 
  8-25    supervisor wherever assigned. In the event that more than 
  8-26    one supervisor is assigned to the same office or to the 
  8-27    same division within a particular judicial circuit, the 
  8-28    department board shall designate one of the supervisors to 
  8-29    be in charge. 
 
  8-30    42-8-26. 
 
  8-31    (a) In order for a person to hold the office of probation 
  8-32    supervisor, he or she must be at least 21 years of age at 
  8-33    the time of appointment and must have completed a standard 
  8-34    two-year college course, provided that any person who is 
  8-35    employed as a probation supervisor on or before July 1, 
  8-36    1972, shall not be required to meet the educational 
  8-37    requirements specified in this Code section, nor shall he 
  8-38    or she be prejudiced in any way for not possessing the 
  8-39    requirements. The qualifications provided in this Code 
  8-40    section are the minimum qualifications and the department 
  8-41    board is authorized to prescribe such additional and 
  8-42    higher educational qualifications from time to time as it 
 
 
 
                                 -8- 
 
 
 
  9- 1    deems desirable, but not to exceed a four-year standard 
  9- 2    college course. 
 
  9- 3    (b) The compensation of the probation supervisors shall be 
  9- 4    set by the State Personnel Board and the State Merit 
  9- 5    System of Personnel Administration. Probation supervisors 
  9- 6    shall also be allowed travel and other expenses as are 
  9- 7    other state employees. 
 
  9- 8      (c)(1) No supervisor shall engage in any other 
  9- 9      employment, business, or activities which interfere or 
  9-10      conflict with his or her duties and responsibilities as 
  9-11      probation supervisor. 
 
  9-12      (2) No supervisor shall own, operate, have any financial 
  9-13      interest in, be an instructor at, or be employed by any 
  9-14      private entity which provides drug or alcohol education 
  9-15      services or offers a DUI Alcohol or Drug Use Risk 
  9-16      Reduction Program certified by the Department of Human 
  9-17      Resources. 
 
  9-18      (3) No supervisor shall specify, directly or indirectly, 
  9-19      a particular DUI Alcohol or Drug Use Risk Reduction 
  9-20      Program which a probationer may or shall attend.  This 
  9-21      paragraph shall not prohibit any supervisor from 
  9-22      furnishing any probationer, upon request, the names of 
  9-23      certified DUI Alcohol or Drug Use Risk Reduction 
  9-24      Programs.  Any supervisor violating this paragraph shall 
  9-25      be guilty of a misdemeanor. 
 
  9-26    (d) Each probation supervisor shall give bond in such 
  9-27    amount as may be fixed by the department board payable to 
  9-28    the department board for the use of the person or persons 
  9-29    damaged by his or her misfeasance or malfeasance and 
  9-30    conditioned on the faithful performance of his or her 
  9-31    duties. The cost of the bond shall be paid by the 
  9-32    department board; provided, however, that the bond may be 
  9-33    procured, either by the department board or by the 
  9-34    Department of Administrative Services, under a master 
  9-35    policy or on a group blanket coverage basis, where only 
  9-36    the number of positions in each judicial circuit and the 
  9-37    amount of coverage for each position are listed in a 
  9-38    schedule attached to the bond; and in such case each 
  9-39    individual shall be fully bonded and bound as principal, 
  9-40    together with the surety, by virtue of his or her holding 
  9-41    the position or performing the duties of probation 
  9-42    supervisor in the circuit or circuits, and his or her 
  9-43    individual signature shall not be necessary for such bond 
 
 
 
                                 -9- 
 
 
 
 10- 1    to be valid in accordance with all the laws of this state. 
 10- 2    The bond or bonds shall be made payable to the department 
 10- 3    board. 
 
 10- 4    42-8-27. 
 
 10- 5    The probation supervisor shall supervise and counsel 
 10- 6    probationers in the judicial circuit to which he or she is 
 10- 7    assigned. Each supervisor shall perform the duties 
 10- 8    prescribed in this chapter and such duties as are 
 10- 9    prescribed by the department board and shall keep such 
 10-10    records and files and make such reports as are required of 
 10-11    him or her. 
 
 10-12    42-8-28. 
 
 10-13    Probation supervisors shall be assigned among the 
 10-14    respective judicial circuits based generally on the 
 10-15    relative number of persons on probation in each circuit. 
 
 10-16    42-8-29. 
 
 10-17    It shall be the duty of the probation supervisor to 
 10-18    investigate all cases referred to him or her by the court 
 10-19    and to make his or her findings and report thereon in 
 10-20    writing to the court with his or her recommendation. The 
 10-21    superior court may require, before imposition of sentence, 
 10-22    a presentence investigation and written report in each 
 10-23    felony case in which the defendant has entered a plea of 
 10-24    guilty or nolo contendere or has been convicted. The 
 10-25    probation supervisor shall cause to be delivered to each 
 10-26    person placed on probation under his or her supervision a 
 10-27    certified copy of the terms of probation and any change or 
 10-28    modification thereof and shall cause the person to be 
 10-29    instructed regarding the same. He or she shall keep 
 10-30    informed concerning the conduct, habits, associates, 
 10-31    employment, recreation, and whereabouts of the probationer 
 10-32    by visits, by requiring reports, or in other ways. He or 
 10-33    she shall make such reports in writing or otherwise as the 
 10-34    court may require. He or she shall use all practicable and 
 10-35    proper methods to aid and encourage persons on probation 
 10-36    and to bring about improvements in their conduct and 
 10-37    condition. He or she shall keep records on each 
 10-38    probationer referred to him or her. 
 
 10-39    42-8-29.1. 
 
 10-40    (a) When a convicted person is committed to an institution 
 10-41    under the jurisdiction of the department, any presentence 
 10-42    or post-sentence investigation or psychological evaluation 
 
 
                                 -10- 
 
 
 
 11- 1    compiled by a probation supervisor or other  probation 
 11- 2    official shall be forwarded to any division or office 
 11- 3    designated by the commissioner.  Accompanying this 
 11- 4    document or evaluation will be the case history form and 
 11- 5    the criminal history sheets from the Federal Bureau of 
 11- 6    Investigation or the Georgia Crime Information Center, if 
 11- 7    available, unless any such information has previously been 
 11- 8    sent to the department pursuant to Code Section 42-5-50. 
 11- 9    A copy of these same documents shall be made available for 
 11-10    the State Board of Pardons and Paroles board.  A copy of 
 11-11    one or more of these documents, based on need, may be 
 11-12    forwarded to another institution to which the defendant 
 11-13    may be committed. 
 
 11-14    (b) The prison or institution receiving these documents 
 11-15    shall maintain the confidentiality of the documents and 
 11-16    the information contained therein and shall not send them 
 11-17    or release them or reveal them to any other person, 
 11-18    institution, or agency without the express consent of the 
 11-19    probation unit which originated or accumulated the 
 11-20    documents. 
 
 11-21    42-8-30. 
 
 11-22    In the counties where no juvenile probation system exists, 
 11-23    juvenile offenders, upon direction of the court, shall be 
 11-24    supervised by probation supervisors. Other than in this 
 11-25    respect, nothing in this article shall be construed to 
 11-26    change or modify any law relative to probation as 
 11-27    administered by any juvenile court in this state. 
 
 11-28    42-8-30.1. 
 
 11-29    In any county where the judge of the probate court or 
 11-30    chief magistrate of the magistrate court has provided for 
 11-31    probation services for either or both of such courts 
 11-32    through agreement with a private corporation, enterprise, 
 11-33    or agency or has established a county probation system for 
 11-34    either or both of such courts pursuant to Code Section 
 11-35    42-8-100, the provisions of this article relating to 
 11-36    probation supervision services shall not apply to 
 11-37    defendants sentenced in any such court. 
 
 11-38    42-8-31. 
 
 11-39    No probation supervisor shall collect or disburse any 
 11-40    funds whatsoever, except by written order of the court; 
 11-41    and it shall be the duty of the supervisor to transmit a 
 11-42    copy of the order to the department board not later than 
 
 
 
                                 -11- 
 
 
 
 12- 1    15 days after it has been issued by the court. Every 
 12- 2    supervisor who collects or disburses any funds whatsoever 
 12- 3    shall faithfully keep the records of accounts as are 
 12- 4    required by the department board, which records shall be 
 12- 5    subject to inspection by the department board at any time. 
 12- 6    In every instance where a bank account is required, it 
 12- 7    shall be kept in the name of the 'State Probation Office.' 
 
 12- 8    42-8-32. 
 
 12- 9    No probation supervisor shall be directed to collect any 
 12-10    funds other than funds directed to be paid as the result 
 12-11    of a criminal proceeding. 
 
 12-12    42-8-33. 
 
 12-13    (a) The department board shall make periodic audits of 
 12-14    each probation supervisor who, by virtue of his or her 
 12-15    duties, has any moneys, fines, court costs, property, or 
 12-16    other funds coming into his or her control or possession 
 12-17    or being disbursed by him or her. The department board 
 12-18    shall keep a permanent record of the audit of each 
 12-19    probation supervisor's accounts on file. It shall be the 
 12-20    duty of the employee of the department board conducting 
 12-21    the audit to notify the department board in writing of any 
 12-22    discrepancy of an illegal nature that might result in 
 12-23    prosecution. The department board shall have the right to 
 12-24    interview and make inquiry of certain selected payors or 
 12-25    recipients of funds, as it may choose, without notifying 
 12-26    the probation supervisor, to carry out the purposes of the 
 12-27    audit. The employee who conducts the audit shall be 
 12-28    required to give bond in such amount as may be set by the 
 12-29    department board, in the same manner and for the same 
 12-30    purposes as provided under Code Section 42-8-26 for the 
 12-31    bonds of probation supervisors. The bond shall bind the 
 12-32    employee and his or her surety in the performance of his 
 12-33    or her duties. 
 
 12-34    (b) Any overpayment of fines, restitutions, or other 
 12-35    moneys owed as a condition of probation shall not be 
 12-36    refunded to the probationer if the amount of such 
 12-37    overpayment is less than $5.00. 
 
 12-38    42-8-34. 
 
 12-39    (a) Any court of this state which has original 
 12-40    jurisdiction of criminal actions, except juvenile courts, 
 12-41    municipal courts, and probate courts, in which the 
 12-42    defendant in a criminal case has been found guilty upon 
 
 
 
                                 -12- 
 
 
 
 13- 1    verdict or plea or has been sentenced upon a plea of nolo 
 13- 2    contendere, except for an offense punishable by death or 
 13- 3    life imprisonment, may, at a time to be determined by the 
 13- 4    court, hear and determine the question of the probation of 
 13- 5    such defendant. 
 
 13- 6    (b) Prior to the hearing, the court may refer the case to 
 13- 7    the probation supervisor of the circuit in which the court 
 13- 8    is located for investigation and recommendation. The 
 13- 9    court, upon such reference, shall direct the supervisor to 
 13-10    make an investigation and to report to the court, in 
 13-11    writing at a specified time, upon the circumstances of the 
 13-12    offense and the criminal record, social history, and 
 13-13    present condition of the defendant, together with the 
 13-14    supervisor's recommendation; and it shall be the duty of 
 13-15    the supervisor to carry out the directive of the court. 
 
 13-16    (c) Subject to the provisions of subsection (a) of Code 
 13-17    Section 17-10-1 and subsection (g) of Code Section 
 13-18    17-10-3, if it appears to the court upon a hearing of the 
 13-19    matter that the defendant is not likely to engage in a 
 13-20    criminal course of conduct and that the ends of justice 
 13-21    and the welfare of society do not require that the 
 13-22    defendant shall presently suffer the penalty imposed by 
 13-23    law, the court in its discretion shall impose sentence 
 13-24    upon the defendant but may stay and suspend the execution 
 13-25    of the sentence or any portion thereof or may place him or 
 13-26    her on probation under the supervision and control of the 
 13-27    probation supervisor for the duration of such probation. 
 13-28    The period of probation or suspension shall not exceed the 
 13-29    maximum sentence of confinement which could be imposed on 
 13-30    the defendant. 
 
 13-31    (d) In every case that a court of this state or any other 
 13-32    state sentences a defendant to probation or any pretrial 
 13-33    release or diversion program under the supervision of the 
 13-34    department board, in addition to any fine or order of 
 13-35    restitution imposed by the court, there shall  be imposed 
 13-36    a probation fee as a condition of probation, release, or 
 13-37    diversion in the amount equivalent to $20.00 per each 
 13-38    month under supervision.  The probation fee may be waived 
 13-39    or amended after administrative process by the department 
 13-40    board and approval of the court, or upon determination by 
 13-41    the court, as to the undue hardship, inability to pay, or 
 13-42    any other extenuating factors which prohibit collection of 
 13-43    the fee; provided, however, that the imposition of 
 13-44    sanctions for failure to pay fees shall be within the 
 
 
 
                                 -13- 
 
 
 
 14- 1    discretion of the court through judicial process or 
 14- 2    hearings. Probation fees shall be waived on probationers 
 14- 3    incarcerated or detained in a departmental or other 
 14- 4    confinement facility which prohibits employment for wages. 
 14- 5    All probation fees collected by the department board shall 
 14- 6    be paid into the general fund of the state treasury. 
 
 14- 7    (e) The court may, in its discretion, require the payment 
 14- 8    of a fine or costs, or both, as a condition precedent to 
 14- 9    probation. 
 
 14-10    (f) During the interval between the conviction or plea and 
 14-11    the hearing to determine the question of probation, the 
 14-12    court may, in its discretion, either order the confinement 
 14-13    of the defendant without bond or may permit his or her 
 14-14    release on bond, which bond shall be conditioned on his or 
 14-15    her appearance at the hearing and shall be subject to the 
 14-16    same rules as govern appearance bonds. Any time served in 
 14-17    confinement shall be considered a part of the sentence of 
 14-18    the defendant. 
 
 14-19    (g) The sentencing judge shall not lose jurisdiction over 
 14-20    any person placed on probation during the term of his or 
 14-21    her probated sentence. The judge is empowered to revoke 
 14-22    any or all of the probated sentence, rescind any or all of 
 14-23    the sentence, or, in any manner deemed advisable by the 
 14-24    judge, to modify or change the probated sentence at any 
 14-25    time during the period of time originally prescribed for 
 14-26    the probated sentence to run. 
 
 14-27    (h) Notwithstanding any provision of this Code or any rule 
 14-28    or regulation to the contrary, if a defendant is placed on 
 14-29    probation in a county of a judicial circuit other than the 
 14-30    one in which he or she  resides for committing any 
 14-31    misdemeanor offense, such defendant may, when specifically 
 14-32    ordered by the court, have his or her probation 
 14-33    supervision transferred to the judicial circuit of the 
 14-34    county in which he or she resides. 
 
 14-35    42-8-34.1. 
 
 14-36    (a) Notwithstanding any other provision of law, no court 
 14-37    may revoke any part of any probated or suspended sentence 
 14-38    unless the defendant admits the violation as alleged or 
 14-39    unless the evidence produced at the revocation hearing 
 14-40    establishes by a preponderance of the evidence the 
 14-41    violation or violations alleged. 
 
 
 
 
                                 -14- 
 
 
 
 15- 1    (b) At any revocation hearing, upon proof that the 
 15- 2    defendant has violated any provision of probation or 
 15- 3    suspension other than by commission of a new felony 
 15- 4    offense, the court shall consider the use of alternatives 
 15- 5    to include community service, intensive probation, 
 15- 6    diversion centers, probation detention centers, special 
 15- 7    alternative incarceration, or any other alternative to 
 15- 8    confinement deemed appropriate by the court or as provided 
 15- 9    by the state or county.  In the event the court determines 
 15-10    that the defendant does not meet the criteria for said 
 15-11    alternatives, the court may revoke the balance of 
 15-12    probation or not more than two years in confinement, 
 15-13    whichever is less. 
 
 15-14    (c) If the violation of probation or suspension alleged 
 15-15    and proven by a preponderance of the evidence or the 
 15-16    defendant's admission is the commission of a felony 
 15-17    offense or the violation of a special condition imposed 
 15-18    pursuant to this Code section, notwithstanding any other 
 15-19    provision of law, the court may revoke no more than the 
 15-20    lesser of the balance of probation or the maximum time of 
 15-21    the sentence authorized to be imposed for the crime 
 15-22    constituting the violation of the probation. 
 
 15-23    (d) The payment of restitution or reparation, costs, or 
 15-24    fines ordered by the court may be payable in one lump sum 
 15-25    or in periodic payments, as determined by the court after 
 15-26    consideration of all the facts and circumstances of the 
 15-27    case and of the defendant's ability to pay. Such payments 
 15-28    shall, in the discretion of the sentencing judge, be made 
 15-29    either to the clerk of the sentencing court or, if the 
 15-30    sentencing court is a probate court, state court, or 
 15-31    superior court, to the probation office serving said 
 15-32    court. 
 
 15-33    (e) In no event shall an offender be supervised on 
 15-34    probation for more than a total of two years for any one 
 15-35    offense or series of offenses arising out of the same 
 15-36    transaction, whether before or after confinement, except 
 15-37    as provided by paragraph (2) of subsection (a) of Code 
 15-38    Section 17-10-1. 
 
 15-39    42-8-34.2. 
 
 15-40    (a) In the event that a defendant is delinquent in the 
 15-41    payment of fines, costs, or restitution or reparation, as 
 15-42    was ordered by the court as a condition of probation, the 
 15-43    defendant's probation officer is authorized, but not 
 
 
 
                                 -15- 
 
 
 
 16- 1    required, to execute a sworn affidavit wherein the amount 
 16- 2    of arrearage is set out.  In addition, the affidavit shall 
 16- 3    contain a succinct statement as to what efforts the 
 16- 4    department board has made in trying to collect the 
 16- 5    delinquent amount. The affidavit shall then be submitted 
 16- 6    to the sentencing court for approval. Upon signature and 
 16- 7    approval of the court, said arrearage shall then be 
 16- 8    collectable through issuance of a writ of fieri facias by 
 16- 9    the clerk of the sentencing court; and the department 
 16-10    board may enforce such collection through any judicial or 
 16-11    other process or procedure which may be used by the holder 
 16-12    of a writ of execution arising from a civil action. 
 
 16-13    (b) This Code section provides the state with remedies in 
 16-14    addition to all other remedies provided for by law; and 
 16-15    nothing in this Code section shall preclude the use of any 
 16-16    other or additional remedy in any case. 
 
 16-17    (c) No clerk of any court shall be authorized to require 
 16-18    any deposit of cost or any other filing or service fee as 
 16-19    a condition to the filing of a garnishment action or other 
 16-20    action or proceeding authorized under this Code section. 
 16-21    In any such action or proceeding, however, the clerk of 
 16-22    the court in which the action is filed shall deduct and 
 16-23    retain all proper court costs from any funds paid into the 
 16-24    treasury of the court, prior to any other disbursement of 
 16-25    such funds so paid into court. 
 
 16-26    42-8-35. 
 
 16-27    The court shall determine the terms and conditions of 
 16-28    probation and may provide that the probationer shall: 
 
 16-29      (1) Avoid injurious and vicious habits; 
 
 16-30      (2) Avoid persons or places of disreputable or harmful 
 16-31      character; 
 
 16-32      (3) Report to the probation supervisor as directed; 
 
 16-33      (4) Permit the supervisor to visit him or her at his or 
 16-34      her home or elsewhere; 
 
 16-35      (5) Work faithfully at suitable employment insofar as 
 16-36      may be possible; 
 
 16-37      (6) Remain within a specified location; 
 
 16-38      (7) Make reparation or restitution to any aggrieved 
 16-39      person for the damage or loss caused by his or her 
 16-40      offense, in an amount to be determined by the court. 
 
 
 
                                 -16- 
 
 
 
 17- 1      Unless otherwise provided by law, no reparation or 
 17- 2      restitution to any aggrieved person for the damage or 
 17- 3      loss caused by his or her offense shall be made if the 
 17- 4      amount is in dispute unless the same has been 
 17- 5      adjudicated; 
 
 17- 6      (8) Make reparation or restitution as reimbursement to a 
 17- 7      municipality or county for the payment for medical care 
 17- 8      furnished the person while incarcerated pursuant to the 
 17- 9      provisions of Article 3 of Chapter 4 of this title.  No 
 17-10      reparation or restitution to a local governmental unit 
 17-11      for the provision of medical care shall be made if the 
 17-12      amount is in dispute unless the same has been 
 17-13      adjudicated; 
 
 17-14      (9) Repay the costs incurred by any municipality or 
 17-15      county for wrongful actions by an inmate covered under 
 17-16      the provisions of paragraph (1) of subsection (a) of 
 17-17      Code Section 42-4-71; 
 
 17-18      (10) Support his or her legal dependents to the best of 
 17-19      his or her ability; 
 
 17-20      (11) Violate no local, state, or federal laws and be of 
 17-21      general good behavior; and 
 
 17-22      (12) If permitted to move or travel to another state, 
 17-23      agree to waive extradition from any jurisdiction where 
 17-24      he or she may be found and not contest any effort by any 
 17-25      jurisdiction to return him or her to this state. 
 
 17-26    42-8-35.1. 
 
 17-27    (a) In addition to any other terms or conditions of 
 17-28    probation provided for under this chapter, the trial judge 
 17-29    may provide that probationers sentenced for felony 
 17-30    offenses committed on or after July 1, 1993, to a period 
 17-31    of time of not less than one year on probation as a 
 17-32    condition of probation must satisfactorily complete a 
 17-33    program of confinement in a 'special alternative 
 17-34    incarceration--probation boot camp' unit of the department 
 17-35    for a period of 120 days computed from the time of initial 
 17-36    confinement in the unit; provided, however, the department 
 17-37    may release the defendant upon service of 90 days in 
 17-38    recognition of excellent behavior. 
 
 17-39    (b) Before a court can place this condition upon the 
 17-40    sentence, an initial investigation will be completed by 
 17-41    the probation officer which will indicate that the 
 17-42    probationer is qualified for such treatment in that the 
 
 
                                 -17- 
 
 
 
 18- 1    individual does not appear to be physically or mentally 
 18- 2    disabled in a way that would prevent him or her from 
 18- 3    strenuous physical activity, that the individual has no 
 18- 4    obvious contagious diseases, that the individual is not 
 18- 5    less than 17 years of age nor more than 30 years of age at 
 18- 6    the time of sentencing, and that the department has 
 18- 7    granted provisional approval of the placement of the 
 18- 8    individual in the 'special alternative 
 18- 9    incarceration--probation boot camp' unit. 
 
 18-10    (c) In every case where an individual is sentenced under 
 18-11    the terms of this Code section, the sentencing court 
 18-12    shall, within its probation order, direct the department 
 18-13    to arrange with the sheriff's office in the county of 
 18-14    incarceration to have the individual delivered to a 
 18-15    designated unit of the department within a specific date 
 18-16    not more than 15 days after the issuance of such probation 
 18-17    order by the court. 
 
 18-18    (d) At any time during the individual's confinement in the 
 18-19    unit, but at least five days prior to his or her expected 
 18-20    date of release, the department will certify to the trial 
 18-21    court as to whether the individual has satisfactorily 
 18-22    completed  this condition of probation. 
 
 18-23    (e) Upon the receipt of a satisfactory report of 
 18-24    performance in the program from the department, the trial 
 18-25    court shall release the individual from confinement in the 
 18-26    'special alternative incarceration--probation boot camp' 
 18-27    unit.  However, the receipt of an unsatisfactory report 
 18-28    will be grounds for revocation of the probated sentence as 
 18-29    would any other violation of a condition or term of 
 18-30    probation. 
 
 18-31    (f) The satisfactory report of performance in the program 
 18-32    from the department shall, in addition to the other 
 18-33    requirements specified in this Code section, require 
 18-34    participation of the individual confined in the unit in 
 18-35    such adult education courses necessary to attain the 
 18-36    equivalency of a grade five competency level as 
 18-37    established by the State Board of Education for elementary 
 18-38    schools.  Those individuals who are mentally disabled as 
 18-39    determined by initial testing are exempt from mandatory 
 18-40    participation.  After the individual is released from the 
 18-41    unit, it shall be a special condition of probation that 
 18-42    the individual participate in an education program in the 
 18-43    community until grade five level competency is achieved or 
 18-44    active probation supervision terminates.  It shall be the 
 
 
                                 -18- 
 
 
 
 19- 1    duty of the department to certify to the trial court that 
 19- 2    such individual has satisfactorily completed this 
 19- 3    condition of probation while on active probation 
 19- 4    supervision.  The receipt of an unsatisfactory report may 
 19- 5    be grounds for revocation of the probated sentence as 
 19- 6    would any other violation of a condition or term of 
 19- 7    probation.  Under certain circumstances, the probationer 
 19- 8    may be exempt from this requirement if it is determined by 
 19- 9    the probation officer that community education resources 
 19-10    are inaccessible to the probationer. 
 
 19-11    42-8-35.2. 
 
 19-12    (a) Notwithstanding any other provisions of law, the 
 19-13    court, when imposing a sentence of imprisonment after a 
 19-14    conviction of a violation of subsection (b), or (d), or 
 19-15    (f) of Code Section 16-13-30 or after a conviction of a 
 19-16    violation of Code Section 16-13-31, shall impose a special 
 19-17    term of probation of three years in addition to such term 
 19-18    of imprisonment; provided, however, upon a second or 
 19-19    subsequent conviction of a violation of the provisions of 
 19-20    such Code sections as stated in this subsection, the 
 19-21    special term of probation shall be six years in addition 
 19-22    to any term of imprisonment. 
 
 19-23    (b) A special term of probation imposed under this Code 
 19-24    section may be revoked if the terms and conditions of 
 19-25    probation are violated.  In such circumstances the 
 19-26    original term of imprisonment shall be increased by the 
 19-27    period of the special term of probation and the resulting 
 19-28    new term of imprisonment shall not be diminished by the 
 19-29    time which was spent on special probation.  A person whose 
 19-30    special term of probation has been revoked may be required 
 19-31    to serve all or part of the remainder of the new term of 
 19-32    imprisonment. A special term of probation provided for in 
 19-33    this Code section shall be in addition to, and not in lieu 
 19-34    of, any other probation provided for by law and shall be 
 19-35    supervised in the same manner as other probations as 
 19-36    provided in this chapter. 
 
 19-37    (c) Upon written application by the probationer to the 
 19-38    trial court, the court may, in its discretion, suspend the 
 19-39    balance of any special term of probation, provided that at 
 19-40    least one-half of said special term of probation has been 
 19-41    completed and all fines associated with the original 
 19-42    sentence have been paid and all other terms of the 
 19-43    original sentence and the terms of the special probation 
 19-44    have been met by the probationer. 
 
 
                                 -19- 
 
 
 
 20- 1    42-8-35.3. 
 
 20- 2    Notwithstanding any other terms or conditions of probation 
 20- 3    which may be imposed, a court sentencing a defendant to 
 20- 4    probation for a violation of Code Section 16-5-90 or 
 20- 5    16-5-91 may impose one or more of the following conditions 
 20- 6    on such probation: 
 
 20- 7      (1) Prohibit the defendant from engaging in conduct in 
 20- 8      violation of Code Section 16-5-90 or 16-5-91; 
 
 20- 9      (2) Require the defendant to undergo a mental health 
 20-10      evaluation and, if it is determined by the court from 
 20-11      the results of such evaluation that the defendant is in 
 20-12      need of treatment or counseling, require the defendant 
 20-13      to undergo mental health treatment or counseling by a 
 20-14      court approved mental health professional, mental health 
 20-15      facility, or facility of the Department of Human 
 20-16      Resources.  Unless the defendant is indigent, the cost 
 20-17      of any such treatment shall be borne by the defendant; 
 20-18      or 
 
 20-19      (3) Prohibit the defendant from entering or remaining 
 20-20      present at the victim's school, place of employment, or 
 20-21      other specified places at times when the victim is 
 20-22      present. 
 
 20-23    42-8-35.4. 
 
 20-24    (a) In addition to any other terms and conditions of 
 20-25    probation provided for in this article, the trial judge 
 20-26    may require that a defendant convicted of a felony and 
 20-27    sentenced to a period of not less than one year on 
 20-28    probation or a defendant who has  been previously 
 20-29    sentenced to probation for a forcible misdemeanor as 
 20-30    defined in paragraph (7) of Code Section 16-1-3 or a 
 20-31    misdemeanor of a high and aggravated nature and has 
 20-32    violated probation or other probation alternatives and is 
 20-33    subsequently sentenced to a period of not less than one 
 20-34    year on probation shall complete satisfactorily, as a 
 20-35    condition of that probation, a program of confinement in a 
 20-36    probation detention center. Probationers so sentenced will 
 20-37    be required to serve a period of confinement as specified 
 20-38    in the court order, which confinement period shall be 
 20-39    computed from the date of initial confinement in the 
 20-40    probation detention center. 
 
 20-41    (b) The court shall determine that the defendant is at 
 20-42    least 17 years of age at the time of sentencing. 
 
 
 
                                 -20- 
 
 
 
 21- 1    (c) During the period of confinement, the department may 
 21- 2    transfer the probationer to other facilities in order to 
 21- 3    provide needed physical and mental health care or for 
 21- 4    other reasons essential to the care and supervision of the 
 21- 5    probationer or as necessary for the effective 
 21- 6    administration and management of its facilities. 
 
 21- 7    42-8-35.5. 
 
 21- 8    (a) In addition to any other terms and conditions of 
 21- 9    probation provided in this article, the trial judge may 
 21-10    require that probationers sentenced to a period of not 
 21-11    less than one year on probation shall satisfactorily 
 21-12    complete, as a condition of that probation, a program in a 
 21-13    probation diversion center. Probationers so sentenced will 
 21-14    be required to serve a period of confinement as specified 
 21-15    in the court order, which confinement period shall be 
 21-16    computed from the date of initial confinement in the 
 21-17    diversion center. 
 
 21-18    (b) The court shall determine that the defendant is at 
 21-19    least 17 years of age at the time of sentencing, is 
 21-20    capable both physically and mentally of maintaining paid 
 21-21    employment in the community, and does not unnecessarily 
 21-22    jeopardize the safety of the community. 
 
 21-23    (c) The department may assess and collect room and board 
 21-24    fees from diversion center program participants at a level 
 21-25    set by the department. 
 
 21-26    42-8-35.6. 
 
 21-27    Notwithstanding any other terms or conditions of probation 
 21-28    which may be imposed, a court sentencing a defendant to 
 21-29    probation for an offense involving family violence as such 
 21-30    term is defined in Code Section 19-13-1 shall, to the 
 21-31    extent that services are available, require as a condition 
 21-32    of probation that the defendant participate in a court 
 21-33    approved family violence intervention program or receive 
 21-34    counseling related to family violence. Unless the 
 21-35    defendant is indigent, the cost of such participation in 
 21-36    the program or counseling shall be borne by the defendant. 
 
 21-37    42-8-36. 
 
 21-38      (a)(1) Any other provision of this article to the 
 21-39      contrary notwithstanding, it shall be the duty of a 
 21-40      probationer, as a condition of probation, to keep his or 
 21-41      her probation supervisor informed as to his or her 
 21-42      residence. Upon the recommendation of the probation 
 
 
                                 -21- 
 
 
 
 22- 1      supervisor, the court may also require, as a condition 
 22- 2      of probation and under such terms as the court deems 
 22- 3      advisable, that the probationer keep the probation 
 22- 4      supervisor informed as to his or her whereabouts. The 
 22- 5      failure of a probationer to report to his or her 
 22- 6      probation supervisor as directed or a return of non est 
 22- 7      inventus or other return to a warrant, for the violation 
 22- 8      of the terms and conditions of probation, that the 
 22- 9      probationer cannot be found in the county that appears 
 22-10      from the records of the probation supervisor to be the 
 22-11      probationer's county of residence shall automatically 
 22-12      suspend the running of the probated sentence until the 
 22-13      probationer shall personally report to the probation 
 22-14      supervisor, is taken into custody in this state, or is 
 22-15      otherwise available to the court; and such period of 
 22-16      time shall not be included in computing creditable time 
 22-17      served on probation or as any part of the time that the 
 22-18      probationer was sentenced to serve. The effective date 
 22-19      of the tolling of the sentence shall be the date that 
 22-20      the officer returns the warrant showing non est 
 22-21      inventus.  Any officer authorized by law to issue or 
 22-22      serve warrants may return the warrant for the absconded 
 22-23      probationer showing non est inventus. 
 
 22-24      (2) In addition to the provisions of paragraph (1) of 
 22-25      this subsection, if the probation supervisor submits an 
 22-26      affidavit to the court stating that a probationer has 
 22-27      absconded and cannot be found, the running of the 
 22-28      probated sentence shall be suspended effective on the 
 22-29      date such affidavit is submitted to the court and 
 22-30      continuing until the probationer shall personally report 
 22-31      to the probation supervisor, is taken into custody in 
 22-32      this state, or is otherwise available to the court. 
 
 22-33    (b) Any unpaid fines, restitution, or any other moneys 
 22-34    owed as a condition of probation shall be due when the 
 22-35    probationer is arrested; but, if the entire balance of his 
 22-36    or her probation is revoked, all the conditions of 
 22-37    probation, including moneys owed, shall be negated by his 
 22-38    or her imprisonment.  If only part of the balance of the 
 22-39    probation is revoked, the probationer shall still be 
 22-40    responsible for the full amount of the unpaid fines, 
 22-41    restitution, and other moneys upon his or her return to 
 22-42    probation after release from imprisonment. 
 
 
 
 
 
                                 -22- 
 
 
 
 23- 1    42-8-37. 
 
 23- 2    (a) Upon the termination of the period of probation, the 
 23- 3    probationer shall be released from probation and shall not 
 23- 4    be liable to sentence for the crime for which probation 
 23- 5    was allowed; provided, however, the foregoing shall not be 
 23- 6    construed to prohibit the conviction and sentencing of the 
 23- 7    probationer for the subsequent commission of the same or a 
 23- 8    similar offense or for the subsequent continuation of the 
 23- 9    offense for which he or she was previously sentenced. The 
 23-10    court may at any time cause the probationer to appear 
 23-11    before it to be admonished or commended and, when 
 23-12    satisfied that its action would be for the best interests 
 23-13    of justice and the welfare of society, may discharge the 
 23-14    probationer from further supervision. 
 
 23-15    (b) Upon the request of the chief judge of the court from 
 23-16    which said person was sentenced, the case of each person 
 23-17    receiving a probated sentence of more than two years shall 
 23-18    be reviewed by the probation supervisor responsible for 
 23-19    that case after service of two years on probation, and a 
 23-20    written report of the probationer's progress shall be 
 23-21    submitted to the sentencing court along with the 
 23-22    supervisor's recommendation as to early termination. Upon 
 23-23    the request of the chief judge of the court from which 
 23-24    said person was sentenced, each such case shall be 
 23-25    reviewed and a written report submitted annually 
 23-26    thereafter, or more often if required, until the 
 23-27    termination, expiration, or other disposition of the case. 
 
 23-28    42-8-38. 
 
 23-29    (a) Whenever, within the period of probation, a probation 
 23-30    supervisor believes that a probationer under his or her 
 23-31    supervision has violated his or her probation in a 
 23-32    material respect, he or she may arrest the probationer 
 23-33    without warrant, wherever found, and return him or her to 
 23-34    the court granting the probation or, if under supervision 
 23-35    in a county or judicial circuit other than that of 
 23-36    conviction, to a court of equivalent original criminal 
 23-37    jurisdiction within the county wherein the probationer 
 23-38    resides for purposes of supervision. Any officer 
 23-39    authorized by law to issue warrants may issue a warrant 
 23-40    for the arrest of the probationer upon the affidavit of 
 23-41    one having knowledge of the alleged violation, returnable 
 23-42    forthwith before the court in which revocation proceedings 
 23-43    are being brought. 
 
 
 
                                 -23- 
 
 
 
 24- 1    (b) The court, upon the probationer being brought before 
 24- 2    it, may commit him or her or release him or her with or 
 24- 3    without bail to await further hearing or it may dismiss 
 24- 4    the charge. If the charge is not dismissed at this time, 
 24- 5    the court shall give the probationer an opportunity to be 
 24- 6    heard fully at the earliest possible date on his or her 
 24- 7    own behalf, in person or by counsel, provided that, if the 
 24- 8    revocation proceeding is in a court other than the court 
 24- 9    of the original criminal conviction, the sentencing court 
 24-10    shall be given ten days' written notice prior to a hearing 
 24-11    on the merits. 
 
 24-12    (c) After the hearing, the court may revoke, modify, or 
 24-13    continue the probation. If the probation is revoked, the 
 24-14    court may order the execution of the sentence originally 
 24-15    imposed or of any portion thereof. In such event, the time 
 24-16    that the defendant  has served under probation shall be 
 24-17    considered as time served and shall be deducted from and 
 24-18    considered a part of the time he or she was originally 
 24-19    sentenced to serve. 
 
 24-20    (d) In cases where the probation is revoked in a county 
 24-21    other than the county of original conviction, the clerk of 
 24-22    court in the county revoking probation may record the 
 24-23    order of revocation in the judge's minute docket, which 
 24-24    recordation shall constitute sufficient permanent record 
 24-25    of the proceedings in that court. The clerk shall send one 
 24-26    copy of the order revoking probation to the department to 
 24-27    serve as a temporary commitment and shall send the 
 24-28    original order revoking probation and all other papers 
 24-29    pertaining thereto to the county of original conviction to 
 24-30    be filed with the original records. The clerk of court of 
 24-31    the county of original conviction shall then issue a 
 24-32    formal commitment to the department.  Copies of all such 
 24-33    orders shall be sent to the board. 
 
 24-34    42-8-39. 
 
 24-35    In all criminal cases in which the defendant is found 
 24-36    guilty or in which a plea of guilty or of nolo contendere 
 24-37    is entered and in which the trial judge after imposing 
 24-38    sentence further provides that the execution of the 
 24-39    sentence shall be suspended, such provision shall not have 
 24-40    the effect of placing the defendant on probation as 
 24-41    provided in this article. 
 
 
 
 
 
                                 -24- 
 
 
 
 25- 1    42-8-40. 
 
 25- 2    All reports, files, records, and papers of whatever kind 
 25- 3    relative to the state-wide probation system are declared 
 25- 4    to be confidential and shall be available only to the 
 25- 5    probation system officials and to the judge handling a 
 25- 6    particular case. They shall not be subject to process of 
 25- 7    subpoena. However, these records may be declassified by a 
 25- 8    majority vote of the board whenever the board deems it 
 25- 9    advisable. 
 
 25-10    42-8-41. 
 
 25-11    All state and local departments, agencies, boards, 
 25-12    bureaus, commissions, and committees shall cooperate with 
 25-13    the probation officials. 
 
 25-14    42-8-42. 
 
 25-15    The department board may provide office space and clerical 
 25-16    help wherever needed. The counties of this state shall 
 25-17    cooperate in this respect and, wherever possible, shall 
 25-18    furnish office space if needed. 
 
 25-19    42-8-43. 
 
 25-20    Except as otherwise provided by law, any county probation 
 25-21    system in existence on February 8, 1956, shall not be 
 25-22    affected by the passage of this article, regardless of 
 25-23    whether the law under which the system exists is 
 25-24    specifically repealed by this article. The personnel of 
 25-25    the system shall continue to be appointed and employed 
 25-26    under the same procedure as used prior to February 8, 
 25-27    1956, and the system shall be financed under the same 
 25-28    method as it was financed prior to February 8, 1956. 
 25-29    However, the substantive provisions of this article 
 25-30    relative  to probation shall be followed, and to this end 
 25-31    any probation officer of such system shall be deemed to be 
 25-32    the same as a probation supervisor, with the probation 
 25-33    supervisor assigned by the department board serving in a 
 25-34    liaison capacity between the county probation system and 
 25-35    the department board. 
 
 25-36    42-8-43.1. 
 
 25-37    (a) This Code section shall apply to county probation 
 25-38    systems of all counties of this state having a population 
 25-39    of 400,000 or more according to the United States 
 25-40    decennial census of 1980 or any future such census, any 
 25-41    provision of Code Section 42-8-43 to the contrary 
 
 
 
                                 -25- 
 
 
 
 26- 1    notwithstanding.  The department shall participate in the 
 26- 2    cost of the county probation systems subject to this Code 
 26- 3    section for fiscal years 1982-83 and 1983-84. The 
 26- 4    department shall compute the state cost per probationer on 
 26- 5    a state-wide basis for each of the aforesaid fiscal years 
 26- 6    pursuant to the formula used by the Office of Planning and 
 26- 7    Budget to determine the state cost for probation for 
 26- 8    budgetary purposes. For each of the aforesaid fiscal 
 26- 9    years, the department shall pay to the governing authority 
 26-10    of each county maintaining a county probation system 
 26-11    subject to this Code section the percentage shown below of 
 26-12    the state-wide cost per probationer for each probationer 
 26-13    being supervised under the respective county probation 
 26-14    system as of the first day of each of said fiscal years:  
 
 26-15      (1) For fiscal year 1982-83, 10 percent; and  
 
 26-16      (2) For fiscal year 1983-84, 10-100 percent.  
 
 26-17    (b) The funds necessary to participate in the cost of 
 26-18    county probation systems under subsection (a) of this Code 
 26-19    section shall come from funds appropriated to the 
 26-20    department for the purposes of providing state 
 26-21    participation in the cost of county probation systems. 
 26-22    The payments to counties provided for in subsection (a) of 
 26-23    this Code section shall be made by, or pursuant to the 
 26-24    order of, the department in single lump sum payment for 
 26-25    each fiscal year, with the payment for fiscal year 1982-83 
 26-26    being made by May 1, 1983, and the one for fiscal year 
 26-27    1983-84 by May 1, 1984.  As a condition necessary for a 
 26-28    county to qualify for department participation in the cost 
 26-29    of the county's probation system, the employees of such 
 26-30    county probation systems shall be subject to the 
 26-31    supervision, control, and direction of the department.  
 
 26-32    (c) Each county probation system subject to the provisions 
 26-33    of this Code section shall become a part of the state-wide 
 26-34    probation system provided for by this article effective on 
 26-35    July 1, 1984, and shall be fully funded from state funds 
 26-36    as a part of the state-wide probation system beginning 
 26-37    with fiscal year 1984-85.  The employees of said county 
 26-38    probation systems, at their option, shall become employees 
 26-39    of the department on the date said county systems become a 
 26-40    part of the state-wide probation system and, on or after 
 26-41    said date, said employees shall be subject to the salary 
 26-42    schedules and other personnel policies of the department, 
 26-43    except that the salaries of such employees shall not be 
 
 
 
                                 -26- 
 
 
 
 27- 1    reduced as a result of becoming employees of the 
 27- 2    department.  
 
 27- 3    (d) When an employee of a county probation system of any 
 27- 4    county of this state having a population of 550,000 or 
 27- 5    more according to the United States decennial census of 
 27- 6    1980 or any future such census becomes an employee of the 
 27- 7    department pursuant to subsection (c) of this Code section 
 27- 8    at the same or a greater salary, the change in employment 
 27- 9    shall not constitute involuntary separation from service 
 27-10    or termination of employment within the meaning of any 
 27-11    local retirement or pension system of which the employee 
 27-12    was a member at the time of such change in employment, and 
 27-13    the change in employment shall not entitle the employee to 
 27-14    begin receiving any retirement or pension benefit 
 27-15    whatsoever under any such local retirement or pension 
 27-16    system. 
 
 27-17    42-8-43.2.  
 
 27-18    (a) This Code section shall apply to county probation 
 27-19    systems, including state court adult probation systems, of 
 27-20    each county having a population of more than 100,000 in 
 27-21    any metropolitan statistical area having a population of 
 27-22    not less than 200,000 nor more than 230,000 according to 
 27-23    the United States decennial census of 1980 or any future 
 27-24    such census, any provision of Code Section 42-8-43 to the 
 27-25    contrary notwithstanding.  The department shall 
 27-26    participate in the cost of the county  probation systems 
 27-27    subject to this Code section for fiscal year 1987-88.  The 
 27-28    department shall compute the state cost per probationer on 
 27-29    a state-wide basis for such fiscal year pursuant to the 
 27-30    formula used by the Office of Planning and Budget to 
 27-31    determine the state cost for probation for budgetary 
 27-32    purposes. For said fiscal year, the department shall pay 
 27-33    to the governing authority of each county maintaining a 
 27-34    county probation system subject to this Code section 10 
 27-35    percent of the state-wide cost per probationer for each 
 27-36    probationer being supervised under the respective county 
 27-37    probation system as of the first day of said fiscal year. 
 27-38    The funds necessary to participate in the cost of county 
 27-39    probation systems under this subsection shall  come from 
 27-40    funds appropriated to the department for the purposes of 
 27-41    providing state participation in the cost of county 
 27-42    probation systems.  The payments to counties provided for 
 27-43    in this subsection shall be made by, or pursuant to the 
 27-44    order of, the department in single lump sum payment for 
 
 
 
                                 -27- 
 
 
 
 28- 1    fiscal year 1987-88, with the payment being made by May 1, 
 28- 2    1988.  As a condition necessary for a county to qualify 
 28- 3    for department participation in the cost of the county's 
 28- 4    probation system, the county shall cause to be made an 
 28- 5    independent audit of the financial affairs and 
 28- 6    transactions of all funds and activities of the county 
 28- 7    probation system and agree to be responsible for any 
 28- 8    discrepancies, obligations, debts, or liabilities of such 
 28- 9    county probation system which may exist prior to the 
 28-10    department's participation in the cost of the county's 
 28-11    probation system. As a further condition necessary for a 
 28-12    county to qualify for department participation in the cost 
 28-13    of the county's probation system, the employees of such 
 28-14    county probation systems shall be subject to the 
 28-15    supervision, control, and direction of the department.  
 
 28-16    (b) The county probation system of any such county shall 
 28-17    become a part of the state-wide probation system provided 
 28-18    for by this article effective July 1, 1988, and shall be 
 28-19    fully funded from state funds as part of the state-wide 
 28-20    probation system beginning with fiscal year 1988-89. The 
 28-21    employees of such county probation system, at their 
 28-22    option, shall become employees of the department on the 
 28-23    date said county system becomes a part of the state-wide 
 28-24    probation system and, on or after said date, said 
 28-25    employees shall be subject to the salary schedules and 
 28-26    other personnel policies of the department, except that 
 28-27    the salaries of such employees shall not be reduced as a 
 28-28    result of becoming employees of the department.  
 
 28-29    (c) When an employee of a county probation system becomes 
 28-30    an employee of the department  pursuant to subsection (b) 
 28-31    of  this Code section at the same or a greater salary, the 
 28-32    change in employment shall not constitute involuntary 
 28-33    separation from service or termination of employment 
 28-34    within the meaning of any local retirement or pension 
 28-35    system of which the employee was a member at the time of 
 28-36    such change in employment, and the change in employment 
 28-37    shall not entitle the employee to begin receiving any 
 28-38    retirement or pension benefit whatsoever under any such 
 28-39    local retirement or pension system.  
 
 28-40    (d) No leave time accrued by an employee of a county 
 28-41    probation system shall be transferred when the employee 
 28-42    becomes a state employee.  Any leave time accrued by an 
 28-43    employee of such county probation system shall be 
 28-44    satisfied as a debt owed to the employee by the county. 
 
 
 
                                 -28- 
 
 
 
 29- 1    42-8-43.3  
 
 29- 2    (a) This Code section shall apply to county probation 
 29- 3    systems, including state court adult probation systems, of 
 29- 4    each county having a population of 250,000 or more 
 29- 5    according to the United States decennial census of 1980 or 
 29- 6    any future such census, any provision of Code Section 
 29- 7    42-8-43 to the contrary notwithstanding.  The department 
 29- 8    shall participate in the cost of the county probation 
 29- 9    systems subject to this Code section for fiscal year 
 29-10    1988-89.  For said fiscal year, the department shall pay 
 29-11    to the governing authority of each county maintaining a 
 29-12    county probation system subject to this Code section 10 
 29-13    percent of the annual county probation system budget as of 
 29-14    the first day of said fiscal year. The funds necessary to 
 29-15    participate in the cost of county probation systems under 
 29-16    this subsection shall come from funds appropriated to the 
 29-17    department for the purposes of providing state 
 29-18    participation in the cost of county probation systems. 
 29-19    The payments to counties provided for in this subsection 
 29-20    shall be made by, or pursuant to the order of, the 
 29-21    department in single lump sum payment for fiscal year 
 29-22    1988-89, with the payment being made by May 1, 1989.  As a 
 29-23    condition necessary for a county to qualify for department 
 29-24    participation in the cost of the county's probation 
 29-25    system, the county shall cause to be made an independent 
 29-26    audit of the financial affairs and transactions of all 
 29-27    funds and activities of the county probation system and 
 29-28    agree to be responsible for any discrepancies, 
 29-29    obligations, debts, or liabilities of such county 
 29-30    probation system which may exist prior to the department's 
 29-31    participation in the cost of the county's probation 
 29-32    system.  As a further condition necessary for a county to 
 29-33    qualify for department participation in the cost of the 
 29-34    county's probation system, the employees of such county 
 29-35    probation systems shall be subject to the supervision, 
 29-36    control, and direction of the department.  
 
 29-37    (b) The county probation system of any such county shall 
 29-38    become a part of the state-wide probation system provided 
 29-39    for by this article effective July 1, 1989, and shall be 
 29-40    fully funded from state funds as part of the state-wide 
 29-41    probation system beginning with fiscal year 1989-90. The 
 29-42    employees of such county probation system, at their 
 29-43    option, shall become employees of the department on the 
 29-44    date said county system becomes a part of the state-wide 
 29-45    probation system and, on or after said date, said 
 
 
                                 -29- 
 
 
 
 30- 1    employees shall be subject to the salary schedules and 
 30- 2    other personnel policies of the department, except that 
 30- 3    the salaries of such employees shall not be reduced as a 
 30- 4    result of becoming employees of the department.  
 
 30- 5    (c) When an employee of a county probation system becomes 
 30- 6    an employee of the department pursuant to subsection (b) 
 30- 7    of this Code section at the same or a greater salary, the 
 30- 8    change in employment shall not constitute involuntary 
 30- 9    separation from service or termination of employment 
 30-10    within the meaning of any local retirement or pension 
 30-11    system of which the employee was a member at the time of 
 30-12    such change in employment, and the change in employment 
 30-13    shall not entitle the employee to begin receiving any 
 30-14    retirement or pension benefit whatsoever under any such 
 30-15    local retirement or pension system.  
 
 30-16    (d) No leave time accrued by an employee of a county 
 30-17    probation system shall be transferred when the employee 
 30-18    becomes a state employee.  Any leave time accrued by an 
 30-19    employee of such county probation system shall be 
 30-20    satisfied as a debt owed to the employee by the county. 
 
 30-21    42-8-44. 
 
 30-22    This article shall be liberally construed so that its 
 30-23    purposes may be achieved. 
 
 
 
 30-24    42-8-60. 
 
 30-25    (a) Upon a verdict or plea of guilty or a plea of nolo 
 30-26    contendere, but before an adjudication of guilt, in the 
 30-27    case of a defendant who has not been previously convicted 
 30-28    of a felony, the court may, without entering a judgment of 
 30-29    guilt and with the consent of the defendant: 
 
 30-30      (1) Defer further proceeding and place the defendant on 
 30-31      probation as provided by law; or 
 
 30-32      (2) Sentence the defendant to a term of confinement as 
 30-33      provided by law. 
 
 30-34    (b) Upon violation by the defendant of the terms of 
 30-35    probation, upon a conviction for another crime during the 
 30-36    period of probation, or upon the court determining that 
 30-37    the defendant is or was not eligible for sentencing under 
 30-38    this article, the court may enter an adjudication of guilt 
 30-39    and proceed as otherwise provided by law.  No person may 
 
 
 
                                 -30- 
 
 
 
 31- 1    avail himself or herself of this article on more than one 
 31- 2    occasion. 
 
 31- 3    (c) The court shall not sentence a defendant under the 
 31- 4    provisions of this article and, if sentenced under the 
 31- 5    provisions of this article, shall not discharge the 
 31- 6    defendant upon completion of the sentence unless the court 
 31- 7    has reviewed the defendant's criminal record as such is on 
 31- 8    file with the Georgia Crime Information Center. 
 
 31- 9    42-8-61. 
 
 31-10    The defendant shall be informed of the terms of this 
 31-11    article at the time of imposition of sentence. 
 
 31-12    42-8-62. 
 
 31-13    (a) Upon fulfillment of the terms of probation, upon 
 31-14    release by the court prior to the termination of the 
 31-15    period thereof, or upon release from confinement, the 
 31-16    defendant shall be discharged without court adjudication 
 31-17    of guilt. The discharge shall completely exonerate the 
 31-18    defendant of any criminal purpose and shall not affect any 
 31-19    of his or her civil rights or liberties; and the defendant 
 31-20    shall not be considered to have a criminal conviction. It 
 31-21    shall be the duty of the clerk of court to enter on the 
 31-22    criminal docket and all other records of the court 
 31-23    pertaining thereto the following: 
 
 31-24      'Discharge filed completely exonerates the defendant of 
 31-25      any criminal purpose and shall not affect any of his or 
 31-26      her civil rights or liberties; and the defendant shall 
 31-27      not be considered to have a criminal conviction. 
 31-28      O.C.G.A. 42-8-62.' 
 
 31-29    Such entry shall be written or stamped in red ink, dated, 
 31-30    and signed by the person making such entry or, if the 
 31-31    docket or record is maintained using computer print-outs, 
 31-32    microfilm, or similar means, such entry shall be 
 31-33    underscored, boldface, or made in a similar conspicuous 
 31-34    manner and shall be dated and include the name of the 
 31-35    person making such entry. The criminal file, docket books, 
 31-36    criminal minutes and final record, and all other records 
 31-37    of the court relating to the offense of a defendant who 
 31-38    has been discharged without court adjudication of guilt 
 31-39    pursuant to this subsection shall not be altered as a 
 31-40    result of that discharge, except for the entry of 
 31-41    discharge thereon required by this subsection, nor shall 
 
 
 
 
                                 -31- 
 
 
 
 32- 1    the contents thereof be expunged or destroyed as a result 
 32- 2    of that discharge. 
 
 32- 3    (b) Should a person be placed under probation or in 
 32- 4    confinement under this article, a record of the same shall 
 32- 5    be forwarded to the Georgia Crime Information Center. 
 32- 6    Without request of the defendant a record of discharge and 
 32- 7    exoneration, as provided in this Code section, shall in 
 32- 8    every case be forwarded to the Georgia Crime Information 
 32- 9    Center. In every case in which the record of probation or 
 32-10    confinement shall have been previously forwarded to the 
 32-11    Department of Corrections board, to the Georgia Crime 
 32-12    Information Center, and to the Identification Division of 
 32-13    the Federal Bureau of Investigation and a record of a 
 32-14    subsequent discharge and exoneration of the defendant has 
 32-15    not been forwarded as provided in this Code section, upon 
 32-16    request of the defendant or his or her attorney or 
 32-17    representative, the record of the same shall be forwarded 
 32-18    by the clerk of court so as to reflect the discharge and 
 32-19    exoneration. 
 
 32-20    42-8-63. 
 
 32-21    Except as otherwise provided in this article, a discharge 
 32-22    under this article is not a conviction of a crime under 
 32-23    the laws of this state and may not be used to disqualify a 
 32-24    person in any application for employment or appointment to 
 32-25    office in either the public or private sector. 
 
 32-26    42-8-64. 
 
 32-27    A defendant sentenced pursuant to this article shall have 
 32-28    the right to appeal in the same manner and with the same 
 32-29    scope and same effect as if a judgment of conviction had 
 32-30    been entered and appealed from. 
 
 32-31    42-8-65. 
 
 32-32    (a) If otherwise allowable by law in any subsequent 
 32-33    prosecution of the defendant for any other offense, a 
 32-34    prior finding of guilt may be pleaded and proven as if an 
 32-35    adjudication of guilt had been entered and relief had not 
 32-36    been granted pursuant to this article. 
 
 32-37    (b) The records of the Georgia Crime Information Center 
 32-38    shall be modified, without a court order, to show a 
 32-39    conviction in lieu of treatment as a first offender under 
 32-40    this article whenever the conviction of a person for 
 32-41    another crime during the term of probation is reported to 
 32-42    the Georgia Crime Information Center.  If a report is made 
 
 
                                 -32- 
 
 
 
 33- 1    showing that such person has been afforded first offender 
 33- 2    treatment under this article on more than one occasion, 
 33- 3    the Georgia Crime Information Center may report 
 33- 4    information on first offender treatments subsequent to the 
 33- 5    first such first offender treatment as if they were 
 33- 6    convictions.  Such records may be disseminated by the 
 33- 7    Georgia Crime Information Center in the same manner and 
 33- 8    subject to the same restrictions as any other records of 
 33- 9    convictions. 
 
 33-10    (c) Notwithstanding any other provision of this article, 
 33-11    any person who is sentenced to a term of confinement 
 33-12    pursuant to paragraph (2) of  subsection (a) of Code 
 33-13    Section 42-8-60 shall be deemed to have been convicted of 
 33-14    the offense during such term of confinement for all 
 33-15    purposes except that records thereof shall be treated as 
 33-16    any other records of first offenders under this article 
 33-17    and except that such presumption shall not continue after 
 33-18    completion of such person's confinement sentence.  Upon 
 33-19    completion of the confinement sentence, such person shall 
 33-20    be treated in the same manner and the procedures to be 
 33-21    followed by the court shall be the same as in the case of 
 33-22    a person placed on probation under this article. 
 
 
 
 33-23    42-8-70. 
 
 33-24    (a) As used in this article, the term: 
 
 33-25      (1) 'Agency' means any private or public agency or 
 33-26      organization approved by the court to  participate in a 
 33-27      community service program. 
 
 33-28      (2) 'Community service' means uncompensated work by an 
 33-29      offender with an agency for the benefit of the community 
 33-30      pursuant to an order by a court as a condition of 
 33-31      probation.  Such term also means uncompensated service 
 33-32      by an offender who lives in the household of a disabled 
 33-33      person and provides aid and services to such disabled 
 33-34      individual, including, but not limited to, cooking, 
 33-35      housecleaning, shopping, driving, bathing, and dressing. 
 
 33-36      (3) 'Community service officer' means an individual 
 33-37      appointed by the court to place and supervise offenders 
 33-38      sentenced to community service. Such term may mean a 
 33-39      paid professional or a volunteer. 
 
 33-40    (b) Except as provided in subsection (c) of this Code 
 33-41    section, it shall be unlawful for an agency or community 
 
 
                                 -33- 
 
 
 
 34- 1    service officer to use or allow an offender to be used for 
 34- 2    any purpose resulting in private gain to any individual. 
 
 34- 3    (c) Subsection (b) of this Code section shall not apply 
 34- 4    to: 
 
 34- 5      (1) Services provided by an offender to a disabled 
 34- 6      person in accordance with paragraph (1) of subsection 
 34- 7      (c) of Code Section 42-8-72; 
 
 34- 8      (2) Work on private property because of a natural 
 34- 9      disaster; or 
 
 34-10      (3) An order or direction by the sentencing judge. 
 
 34-11    (d) Any person who violates subsection (b) of this Code 
 34-12    section shall be guilty of a misdemeanor. 
 
 34-13    42-8-71. 
 
 34-14    (a) Agencies desiring to participate in a community 
 34-15    service program shall file with the court a letter of 
 34-16    application showing: 
 
 34-17      (1) Eligibility; 
 
 34-18      (2) Number of offenders who may be placed with the 
 34-19      agency; 
 
 34-20      (3) Work to be performed by the offender; and 
 
 34-21      (4) Provisions for supervising the offender. 
 
 34-22    (b) An agency selected for the community service program 
 34-23    shall work offenders who are assigned to the agency by the 
 34-24    court.  If an offender violates a court order, the agency 
 34-25    shall report such violation to the community service 
 34-26    officer. 
 
 34-27    (c) If an agency violates any court order or provision of 
 34-28    this article, the offender shall be removed from the 
 34-29    agency and the agency shall no longer be eligible to 
 34-30    participate in the community service program. 
 
 34-31    (d) No agency or community service officer shall be liable 
 34-32    at law as a result of any of his or her acts performed 
 34-33    while participating in a community service program.  This 
 34-34    limitation of liability does not apply to actions on the 
 34-35    part of any agency or community service officer which 
 34-36    constitute gross negligence, recklessness, or willful 
 34-37    misconduct. 
 
 
 
 
                                 -34- 
 
 
 
 35- 1    42-8-72. 
 
 35- 2    (a) Community service may be considered as a condition of 
 35- 3    probation with primary consideration given to the 
 35- 4    following categories of offenders: 
 
 35- 5      (1) Traffic violations; 
 
 35- 6      (2) Ordinance violations; 
 
 35- 7      (3) Noninjurious or nondestructive, nonviolent 
 35- 8      misdemeanors; 
 
 35- 9      (4) Noninjurious or nondestructive, nonviolent felonies; 
 35-10      and 
 
 35-11      (5) Other offenders considered upon the discretion of 
 35-12      the judge. 
 
 35-13    (b) The judge may confer with the prosecutor, defense 
 35-14    attorney, probation supervisor, community service officer, 
 35-15    or other interested persons to determine if the community 
 35-16    service program is appropriate for an offender.  If 
 35-17    community service is ordered as a condition of probation, 
 35-18    the court shall order: 
 
 35-19      (1) Not less than 20 hours nor more than 250 hours in 
 35-20      cases involving traffic or ordinance violations or 
 35-21      misdemeanors, said service to be completed within one 
 35-22      year; or 
 
 35-23      (2) Not less than 20 hours nor more than 500 hours in 
 35-24      felony cases, said service to be completed within three 
 35-25      years. 
 
 35-26      (c)(1) Any agency may recommend to the court that 
 35-27      certain disabled persons are in need of a live-in 
 35-28      attendant.  The judge shall confer with the prosecutor, 
 35-29      defense attorney, probation supervisor, community 
 35-30      service officer, or other interested persons to 
 35-31      determine if a community service program involving a 
 35-32      disabled person is appropriate for an offender.  If 
 35-33      community service as a live-in attendant for a disabled 
 35-34      person is deemed appropriate and if both the offender 
 35-35      and the disabled person consent to such service, the 
 35-36      court may order such live-in community service as a 
 35-37      condition of probation but for no longer than two years. 
 
 35-38      (2) The agency shall be responsible for coordinating the 
 35-39      provisions of the cost of food or other necessities for 
 35-40      the offender which the disabled person is not able to 
 
 
 
                                 -35- 
 
 
 
 36- 1      provide.  The agency, with the approval of the court, 
 36- 2      shall determine a schedule which will provide the 
 36- 3      offender with certain free hours each week. 
 
 36- 4      (3) Such live-in arrangement shall be terminated by the 
 36- 5      court upon the request of the offender or the disabled 
 36- 6      person.  Upon termination of such an arrangement, the 
 36- 7      court shall determine if the offender has met the 
 36- 8      conditions of probation. 
 
 36- 9      (4) The appropriate agency shall make personal contact 
 36-10      with the disabled person on a frequent basis to ensure 
 36-11      the safety and welfare of the disabled person. 
 
 36-12    (d) The judge may order an offender to perform community 
 36-13    service hours in a 40 hour per week work detail in lieu of 
 36-14    incarceration. 
 
 36-15    (e) Community service hours may be added to original court 
 36-16    ordered hours as a disciplinary action by the court or as 
 36-17    an additional requirement of any program in lieu of 
 36-18    incarceration. 
 
 36-19    42-8-73. 
 
 36-20    The community service officer shall place an offender 
 36-21    sentenced to community service as a condition of probation 
 36-22    with an appropriate agency.  The agency and work schedule 
 36-23    shall be approved by the court.  If the offender is 
 36-24    employed at the time of sentencing or if the offender 
 36-25    becomes employed after sentencing, the community service 
 36-26    officer shall consider the offender's work schedule and, 
 36-27    to the extent practicable, shall schedule the community 
 36-28    service so that it will not conflict with the offender's 
 36-29    work schedule.  This shall not be construed as requiring 
 36-30    the community service officer to alter scheduled community 
 36-31    service based on changes in an offender's work schedule. 
 36-32    The community service officer shall supervise the offender 
 36-33    for the duration of the community service sentence.  Upon 
 36-34    completion of the community service sentence, the 
 36-35    community service officer shall prepare a written report 
 36-36    evaluating the offender's performance which will be used 
 36-37    to determine if the conditions of probation have been 
 36-38    satisfied. 
 
 36-39    42-8-74. 
 
 36-40    (a) The provisions of Article 2 of this chapter, relating 
 36-41    to probation, termination of probation, and revocation of 
 36-42    probation, shall be applicable to offenders sentenced to 
 
 
                                 -36- 
 
 
 
 37- 1    community service as a condition of probation pursuant to 
 37- 2    this article.  The provisions of Article 3 of this 
 37- 3    chapter, relating to probation of first offenders, shall 
 37- 4    be applicable to first offenders sentenced pursuant to 
 37- 5    this article. 
 
 37- 6    (b) Any offender who provides live-in community service 
 37- 7    but who is later incarcerated for breaking the conditions 
 37- 8    of probation or for any other cause may be awarded good 
 37- 9    time for each day of live-in community service the same as 
 37-10    if such offender was in prison for such number of days. 
 
 
 
 37-11    42-8-80. 
 
 37-12    The Department of Corrections board shall be authorized to 
 37-13    establish and operate pretrial release and diversion 
 37-14    programs as rehabilitative measures for persons charged 
 37-15    with misdemeanors and felonies for which bond is 
 37-16    permissible under the law in the courts of this state 
 37-17    prior to conviction; provided, however, that no such 
 37-18    program shall be established in a county without the 
 37-19    unanimous approval of the superior court judges, the 
 37-20    district attorney, the solicitor-general where applicable, 
 37-21    and the sheriff of such county.  The Board of Corrections 
 37-22    board shall promulgate rules and regulations governing any 
 37-23    pretrial release and diversion programs established and 
 37-24    operated by the department board and shall grant 
 37-25    authorization for the establishment of such programs based 
 37-26    on the availability of sufficient staff and resources. 
 
 37-27    42-8-81. 
 
 37-28    The court in which a person is charged with a misdemeanor 
 37-29    or felony for which bond is permissible under the law may, 
 37-30    upon the application by the person so charged, at its 
 37-31    discretion release the person prior to conviction and upon 
 37-32    recognizance to the supervision of a pretrial release or 
 37-33    diversion program established and operated by the 
 37-34    Department of Corrections  board after an investigation 
 37-35    and upon recommendation of the staff of the pretrial 
 37-36    release or diversion program. In no case, however, shall 
 37-37    any person be so released unless after consultation with 
 37-38    his or her attorney or an attorney made available to the 
 37-39    person if he or she is indigent that person has 
 37-40    voluntarily agreed to participate in the pretrial release 
 37-41    or diversion program and knowingly and intelligently has 
 
 
 
                                 -37- 
 
 
 
 38- 1    waived his or her right to a speedy trial for the period 
 38- 2    of pretrial release or diversion. 
 
 38- 3    42-8-82. 
 
 38- 4    The Department of Corrections board may contract with the 
 38- 5    various counties of this state for the services and 
 38- 6    facilities necessary to operate pretrial release and 
 38- 7    diversion programs established under this article and both 
 38- 8    the department board and the counties are authorized to 
 38- 9    enter into such contracts as are appropriate to carry out 
 38-10    the purpose of this article. 
 
 38-11    42-8-83. 
 
 38-12    The authority to establish and operate pretrial release 
 38-13    and diversion programs granted to the Department of 
 38-14    Corrections board under this article shall not affect the 
 38-15    authority of the Georgia Department of Labor to enter into 
 38-16    agreements with district attorneys of the several judicial 
 38-17    circuits of this state for the purpose of establishing and 
 38-18    operating pretrial intervention programs in such judicial 
 38-19    circuits. 
 
 38-20    42-8-84. 
 
 38-21    No person shall be released on his or her own recognizance 
 38-22    or approved for a pretrial release and diversion program 
 38-23    without first having the approval in writing of the judge 
 38-24    of the court having jurisdiction of the case. 
 
 
 
 38-25    42-8-100. 
 
 38-26      (a)(1) The chief judge of any court within the county, 
 38-27      with the approval of the governing authority of that 
 38-28      county, is authorized to enter into written contracts 
 38-29      with corporations, enterprises, or agencies to provide 
 38-30      probation supervision, counseling, collection services 
 38-31      for all moneys to be paid by a defendant according to 
 38-32      the terms of the sentence imposed on the defendant as 
 38-33      well as any moneys which by operation of law are to be 
 38-34      paid by the defendant in consequence of the conviction, 
 38-35      and other probation services for persons convicted of a 
 38-36      misdemeanor in that court and placed on probation in the 
 38-37      county. In no case shall a private probation corporation 
 38-38      or enterprise be charged with the responsibility for 
 38-39      supervising a felony sentence.  The final contract 
 38-40      negotiated by the chief judge with the private probation 
 
 
 
                                 -38- 
 
 
 
 39- 1      entity shall be attached to the approval by the 
 39- 2      governing authority of the county to privatize probation 
 39- 3      services as an exhibit thereto. 
 
 39- 4      (2) The chief judge of any court within the county, with 
 39- 5      the approval of the governing authority of that county, 
 39- 6      is authorized to establish a county probation system to 
 39- 7      provide probation supervision, counseling, collection 
 39- 8      services for all moneys to be paid by a defendant 
 39- 9      according to the terms of the sentence imposed on the 
 39-10      defendant as well as any moneys which by operation of 
 39-11      law are to be paid by the defendant in consequence of 
 39-12      the conviction, and other probation services for persons 
 39-13      convicted of a misdemeanor in that court and placed on 
 39-14      probation in the county. 
 
 39-15      (b)(1) The judge of the municipal court of any 
 39-16      municipality or consolidated government of a 
 39-17      municipality and county of this state, with the approval 
 39-18      of the governing authority of that municipality or 
 39-19      consolidated government, is authorized to enter into 
 39-20      written contracts with private corporations, 
 39-21      enterprises, or agencies to provide probation 
 39-22      supervision, counseling, collection services for all 
 39-23      moneys to be paid by a defendant according to the terms 
 39-24      of the sentence imposed and any moneys which by 
 39-25      operation of law are to be paid by the defendant in 
 39-26      consequence of the conviction, and other probation 
 39-27      services for persons convicted in such court and placed 
 39-28      on probation.  The final contract negotiated by the 
 39-29      judge with the private probation entity shall be 
 39-30      attached to the approval by the governing authority of 
 39-31      the municipality or consolidated government to privatize 
 39-32      probation services as an exhibit thereto. 
 
 39-33      (2) The judge of the municipal court of any municipality 
 39-34      or consolidated government of a municipality and county 
 39-35      of this state, with the approval of the governing 
 39-36      authority of that municipality or consolidated 
 39-37      government, is authorized to establish a probation 
 39-38      system to provide probation supervision, counseling, 
 39-39      collection services for all moneys to be paid by a 
 39-40      defendant according to the terms of the sentence imposed 
 39-41      and any moneys which by operation of law are to be paid 
 39-42      by the defendant in consequence of the conviction, and 
 39-43      other probation services for persons convicted in such 
 39-44      court and placed on probation. 
 
 
 
                                 -39- 
 
 
 
 40- 1    42-8-101. 
 
 40- 2    (a) There is created the County and Municipal Probation 
 40- 3    Advisory Council, to be composed of one superior court 
 40- 4    judge designated by The Council of Superior Court Judges 
 40- 5    of Georgia, one state court judge designated by The 
 40- 6    Council of State Court Judges of Georgia, one municipal 
 40- 7    court judge appointed by the Governor, one sheriff 
 40- 8    appointed by the Governor, one probate court judge 
 40- 9    designated by The Council of Probate Court Judges of 
 40-10    Georgia, one magistrate designated by the Council of 
 40-11    Magistrate Court Judges, the commissioner of corrections 
 40-12    chairman of the board or his or her designee, one public 
 40-13    probation officer appointed by the Governor, one private 
 40-14    probation officer or individual with expertise in private 
 40-15    probation services by virtue of his or her training or 
 40-16    employment appointed by the Governor, one mayor or member 
 40-17    of a municipal governing authority appointed by the 
 40-18    Governor, and one county commissioner appointed by the 
 40-19    Governor.  Members of the council appointed by the 
 40-20    Governor shall be appointed for terms of office of four 
 40-21    years.  With the exceptions of the public probation 
 40-22    officer, the county commissioner, the sheriff, the mayor 
 40-23    or member of a municipal governing authority, and the 
 40-24    commissioner of corrections chairman of the board, each 
 40-25    designee or representative shall be employed in their 
 40-26    representative capacity in a judicial circuit operating 
 40-27    under a contract with a private corporation, enterprise, 
 40-28    or agency as provided under Code Section 42-8-100.  No 
 40-29    person shall serve beyond the time he or she holds the 
 40-30    office or employment by reason of which he or she was 
 40-31    initially eligible for appointment.  In the event of 
 40-32    death, resignation, disqualification, or removal for any 
 40-33    reason of any member of the council, the vacancy shall be 
 40-34    filled in the same manner as the original appointment and 
 40-35    any successor shall serve for the unexpired term.  Such 
 40-36    council shall promulgate rules and regulations regarding 
 40-37    contracts or agreements for probation services and the 
 40-38    conduct of business by private entities providing 
 40-39    probation services as authorized by this article. 
 
 40-40    (b) The business of the council shall be conducted in the 
 40-41    following manner: 
 
 40-42      (1) The council shall annually elect a chairperson and a 
 40-43      vice chairperson from among its membership.  The offices 
 40-44      of chairperson and vice chairperson shall be filled in 
 
 
 
                                 -40- 
 
 
 
 41- 1      such a manner that they are not held in succeeding years 
 41- 2      by representatives of the same component (law 
 41- 3      enforcement, courts, corrections) of the criminal 
 41- 4      justice system; 
 
 41- 5      (2) The council shall meet at such times and places as 
 41- 6      it shall determine necessary or convenient to perform 
 41- 7      its duties.  The council shall also meet on the call of 
 41- 8      the chairperson or at the written request of three of 
 41- 9      its members; 
 
 41-10      (3) The council shall maintain minutes of its meetings 
 41-11      and such other records as it deems necessary; and 
 
 41-12      (4) The council shall adopt such rules for the 
 41-13      transaction of its business as it shall desire and may 
 41-14      appoint such committees as it considers necessary to 
 41-15      carry out its business and duties. 
 
 41-16    (c) Members of the council shall serve without 
 41-17    compensation but shall receive the same expense allowance 
 41-18    per day as that received by a member of the General 
 41-19    Assembly for each day such member of the council is in 
 41-20    attendance at a meeting of such council, plus either 
 41-21    reimbursement for actual transportation costs while 
 41-22    traveling by public carrier or the same mileage allowance 
 41-23    for use of a personal motor vehicle in connection with 
 41-24    such attendance as members of the General Assembly 
 41-25    receive. Payment of such expense and travel allowance 
 41-26    shall be subject to availability of funds and shall be in 
 41-27    lieu of any per diem, allowance, or other remuneration now 
 41-28    received by any such member for such attendance. 
 
 41-29    (d) The council is assigned to the Administrative Office 
 41-30    of the Courts for administrative purposes only.  The funds 
 41-31    necessary to carry out the provisions of this article 
 41-32    shall come from funds appropriated to or otherwise 
 41-33    available to the council.  The council is authorized to 
 41-34    accept and use grants of funds for the purpose of carrying 
 41-35    out the provisions of this article. 
 
 41-36    (e) The council shall have the following powers and 
 41-37    duties: 
 
 41-38      (1) To promulgate rules and regulations for the 
 41-39      administration of the council, including rules of 
 41-40      procedure for its internal management and control; 
 
 41-41      (2) To review the uniform professional standards for 
 41-42      private probation officers and uniform contract 
 
 
                                 -41- 
 
 
 
 42- 1      standards for private probation contracts established in 
 42- 2      Code Section 42-8-102 and submit a report with its 
 42- 3      recommendations to the General Assembly; 
 
 42- 4      (3) To promulgate rules and regulations establishing a 
 42- 5      40 hour initial orientation for newly hired private 
 42- 6      probation officers and for 20 hours per annum of 
 42- 7      continuing education for private probation officers, 
 42- 8      provided that the 40 hour initial orientation shall not 
 42- 9      be required of any person who has successfully completed 
 42-10      a probation or parole officer basic course of training 
 42-11      certified by the Georgia Peace Officer Standards and 
 42-12      Training Council or any private probation officer who 
 42-13      has been employed by a private probation corporation, 
 42-14      enterprise, or agency for at least six months as of July 
 42-15      1, 1996; 
 
 42-16      (4) To promulgate rules and regulations relative to the 
 42-17      enforcement of the provisions of this article, which 
 42-18      enforcement mechanisms may include, but are not limited 
 42-19      to, the imposition of sanctions and fines and the 
 42-20      voiding of contracts; 
 
 42-21      (5) To promulgate rules and regulations establishing 
 42-22      registration for any private corporation, enterprise, or 
 42-23      agency providing probation services under the provisions 
 42-24      of this article, subject to the provisions of subsection 
 42-25      (a) of Code Section 42-8-107; 
 
 42-26      (6) To produce an annual summary report.  Such report 
 42-27      shall not contain information identifying individual 
 42-28      private corporations, nonprofit corporations, or 
 42-29      enterprises or their contracts; and 
 
 42-30      (7) To promulgate rules and regulations requiring 
 42-31      criminal record checks of private probation officers and 
 42-32      establishing procedures for such criminal record checks. 
 42-33      Such rules and regulations shall require a private 
 42-34      probation entity to conduct a criminal history records 
 42-35      check, as provided in Code Section 35-3-34, for all 
 42-36      private probation officers employed by that entity; and 
 42-37      to certify the results of such criminal history records 
 42-38      check to the council, in such detail as the council may 
 42-39      require.  Notwithstanding Code Section 35-3-38 or any 
 42-40      other provision of law, a private probation entity 
 42-41      shall, upon request, communicate criminal history record 
 42-42      information on a private probation officer to the 
 
 
 
 
                                 -42- 
 
 
 
 43- 1      Administrative Office of the Courts and the County and 
 43- 2      Municipal Probation Advisory Council. 
 
 43- 3    (f) The initial standards, rules, and regulations of the 
 43- 4    County and Municipal Probation Advisory Council 
 43- 5    promulgated under this article shall become effective on 
 43- 6    January 1, 1996. 
 
 43- 7    42-8-102. 
 
 43- 8    (a) The uniform professional standards contained in this 
 43- 9    subsection shall be met by any person employed as and 
 43-10    using the title of a private probation officer.  Any such 
 43-11    person shall be at least 21 years of age at the time of 
 43-12    appointment to the position of private probation officer 
 43-13    and must have completed a standard two-year college 
 43-14    course; provided, however, that any person who is 
 43-15    currently employed as a private probation officer as of 
 43-16    July 1, 1996, and who has at least six months of 
 43-17    experience as a private probation officer shall be exempt 
 43-18    from such college requirements. Every private probation 
 43-19    officer shall receive an initial 40 hours of orientation 
 43-20    upon employment and shall receive 20 hours of continuing 
 43-21    education per annum as approved by the County and 
 43-22    Municipal Probation Advisory Council, provided that the 40 
 43-23    hour initial orientation shall not be required of any 
 43-24    person who has successfully completed a probation or 
 43-25    parole officer basic course of training certified by the 
 43-26    Peace Officer Standards and Training Council or any 
 43-27    private probation officer who has been employed by a 
 43-28    private probation corporation, enterprise, or agency for 
 43-29    at least six months as of July 1, 1996.  In no event shall 
 43-30    any person convicted of a felony be employed as a private 
 43-31    probation officer or utilize the title of private 
 43-32    probation officer. 
 
 43-33    (b) The uniform contract standards contained in this Code 
 43-34    section shall apply to all private probation contracts 
 43-35    executed under the authority of Code Section 42-8-100. 
 43-36    The terms of any such contract shall state, at a minimum: 
 
 43-37      (1) The extent of the services to be rendered by the 
 43-38      private corporation or enterprise providing probation 
 43-39      supervision; 
 
 43-40      (2) Any requirements for staff qualifications, to 
 43-41      include those contained in this Code section as well as 
 43-42      any surpassing those contained in this Code section; 
 
 
 
                                 -43- 
 
 
 
 44- 1      (3) Requirements for criminal record checks of staff in 
 44- 2      accordance with the rules and regulations established by 
 44- 3      the County and Municipal Probation Advisory Council; 
 
 44- 4      (4) Policies and procedures for the training of staff; 
 
 44- 5      (5) Bonding of staff and liability insurance coverage; 
 
 44- 6      (6) Staffing levels and standards for offender 
 44- 7      supervision, including frequency and type of contacts 
 44- 8      with offenders; 
 
 44- 9      (7) Procedures for handling the collection of all court 
 44-10      ordered fines, fees, and restitution; 
 
 44-11      (8) Procedures for handling indigent offenders to ensure 
 44-12      placement of such indigent offenders irrespective of the 
 44-13      ability to pay; 
 
 44-14      (9) Circumstances under which revocation of an 
 44-15      offender's probation may be recommended; 
 
 44-16      (10) Reporting and record-keeping requirements; and 
 
 44-17      (11) Default and contract termination procedures. 
 
 44-18    (c) The County and Municipal Probation Advisory Council 
 44-19    shall review the uniform professional standards and 
 44-20    uniform contract standards contained in subsections (a) 
 44-21    and (b) of this Code section and shall submit a report on 
 44-22    its findings to the General Assembly.  The council shall 
 44-23    submit its initial report on or before July 1, 1997, and 
 44-24    shall continue such reviews every two years thereafter. 
 44-25    Nothing contained in such report shall be considered to 
 44-26    authorize or require a change in the standards without 
 44-27    action by the General Assembly having the force and effect 
 44-28    of law.  This report shall provide information which will 
 44-29    allow the General Assembly to review the effectiveness of 
 44-30    the minimum professional standards and, if necessary, to 
 44-31    revise these standards. This subsection shall not be 
 44-32    interpreted to prevent the council from making 
 44-33    recommendations to the General Assembly prior to its 
 44-34    required review and report. 
 
 44-35    42-8-103. 
 
 44-36    (a) Any private corporation, enterprise, or agency 
 44-37    contracting to provide probation services under the 
 44-38    provisions of this article shall provide to the judge with 
 44-39    whom the contract was made and the County and Municipal 
 44-40    Probation Advisory Council a quarterly report summarizing 
 
 
 
                                 -44- 
 
 
 
 45- 1    the number of offenders supervised by the private 
 45- 2    corporation, enterprise, or agency; the amount of fines, 
 45- 3    statutory surcharges, and restitution collected; and the 
 45- 4    number of offenders for whom supervision or rehabilitation 
 45- 5    has been terminated and the reason for the termination. 
 
 45- 6    (b) All records of any private corporation, enterprise, or 
 45- 7    agency contracting to provide services under the 
 45- 8    provisions of this article shall be open to inspection 
 45- 9    upon the request of the affected county, municipality, 
 45-10    consolidated government, or court or the Department of 
 45-11    Audits and Accounts. 
 
 45-12    42-8-104. 
 
 45-13    (a) No private corporation, enterprise, or agency 
 45-14    contracting to provide probation services under the 
 45-15    provisions of this article nor any employees of such 
 45-16    entities shall engage in any other employment, business, 
 45-17    or activity which interferes or conflicts with the duties 
 45-18    and responsibilities under contracts authorized in this 
 45-19    article. 
 
 45-20    (b) No private corporation, enterprise, or agency 
 45-21    contracting to provide probation services under the 
 45-22    provisions of this article nor its employees shall have 
 45-23    personal or business dealings, including the lending of 
 45-24    money, with probationers under their supervision. 
 
 45-25      (c)(1) No private corporation, enterprise, or agency 
 45-26      contracting to provide probation services under the 
 45-27      provisions of this article on or after January 1, 1997, 
 45-28      nor any employees of such entities, shall own, operate, 
 45-29      have any financial interest in, be an instructor at, or 
 45-30      be employed by any private entity which provides drug or 
 45-31      alcohol education services or offers a DUI Alcohol or 
 45-32      Drug Use Risk Reduction Program certified by the 
 45-33      Department of Human Resources. 
 
 45-34      (2) No private corporation, enterprise, or agency 
 45-35      contracting to provide probation services under the 
 45-36      provisions of this article nor any employees of such 
 45-37      entities shall specify, directly or indirectly, a 
 45-38      particular DUI Alcohol or Drug Use Risk Reduction 
 45-39      Program which a probationer may or shall attend. This 
 45-40      paragraph shall not prohibit furnishing any probationer, 
 45-41      upon request, with the names of certified DUI Alcohol or 
 45-42      Drug Use Risk Reduction Programs. Any person violating 
 45-43      this paragraph shall be guilty of a misdemeanor. 
 
 
                                 -45- 
 
 
 
 46- 1    42-8-105. 
 
 46- 2    The provisions of this article shall not affect the 
 46- 3    ability of local governments to enter into 
 46- 4    intergovernmental agreements for probation services. 
 
 46- 5    42-8-106. 
 
 46- 6    (a) All reports, files, records, and papers of whatever 
 46- 7    kind relative to the supervision of probationers by a 
 46- 8    private corporation, enterprise, or agency contracting 
 46- 9    under the provisions of this article are declared to be 
 46-10    confidential and shall be available only to the affected 
 46-11    county, municipality, or consolidated government, the 
 46-12    judge handling a particular case, or the Department of 
 46-13    Audits and Accounts. 
 
 46-14    (b) In the event of a transfer of the supervision of a 
 46-15    probationer from a private corporation, enterprise, or 
 46-16    agency to the Department of Corrections board, the 
 46-17    Department of Corrections board shall have access to any 
 46-18    relevant reports, files, records, and papers of the 
 46-19    transferring private entity.  All reports, files, records, 
 46-20    and papers of whatever kind relative to the supervision of 
 46-21    probationers by private corporations, enterprises, or 
 46-22    agencies under contracts authorized by this article shall 
 46-23    not be subject to process of subpoena. 
 
 46-24    42-8-107. 
 
 46-25    (a) All private corporations, enterprises, and agencies 
 46-26    contracting or offering to contract for probation services 
 46-27    shall register with the County and Municipal Probation 
 46-28    Advisory Council. The information included in such 
 46-29    registration shall be limited to the name of the 
 46-30    corporation, enterprise, or agency, its principal business 
 46-31    address and telephone number, and the name of its agent 
 46-32    for communication with the County and Municipal Probation 
 46-33    Advisory Council.  No registration fee shall be required. 
 
 46-34    (b) Any corporation, enterprise, or agency required to 
 46-35    register under the provisions of subsection (a) of this 
 46-36    Code section who fails or refuses to do so shall be 
 46-37    subject to revocation of any existing contracts, in 
 46-38    addition to any other fines or sanctions imposed by the 
 46-39    County and Municipal Probation Advisory Council. 
 
 
 
 
 
 
                                 -46- 
 
 
 
 47- 1    42-8-108. 
 
 47- 2    The probation providers standards contained in this Code 
 47- 3    section shall be met by corporations, enterprises, or 
 47- 4    agencies who enter into written contracts for probation 
 47- 5    services under the authority of Code Section 42-8-100 on 
 47- 6    or after January 1, 1997.  Any corporation, enterprise, or 
 47- 7    agency who fails to meet the standards established in this 
 47- 8    Code section on or after January 1, 1997, shall not be 
 47- 9    eligible to provide probation services in this state.  All 
 47-10    corporations, enterprises, or agencies who enter into 
 47-11    written contracts for probation services under the 
 47-12    authority of Code Section 42-8-100 on or after January 1, 
 47-13    1997, shall: 
 
 47-14      (1) Maintain no less than $1 million coverage in general 
 47-15      liability insurance; 
 
 47-16      (2) Not own or control any finance business or lending 
 47-17      institution which makes loans to probationers under its 
 47-18      supervision for the payment of probation fees or fines; 
 47-19      and 
 
 47-20      (3) Employ at least one person who is responsible for 
 47-21      the direct supervision of probation officers employed by 
 47-22      the corporation, enterprise, or agency and who shall 
 47-23      have at least five years' experience in corrections, 
 47-24      parole, or probation services; provided, however, that 
 47-25      the five-year experience requirement shall not apply to 
 47-26      any corporation, enterprise, or agency which is 
 47-27      currently engaged in the provision of private probation 
 47-28      services in this state on April 15, 1996. 
 
 
 
 47-29    42-8-110. 
 
 47-30    (a) As used in this article, the term 'ignition interlock 
 47-31    device' means a constant monitoring device certified by 
 47-32    the commissioner of public safety which prevents a motor 
 47-33    vehicle from being started at any time without first 
 47-34    determining the equivalent blood alcohol concentration of 
 47-35    the operator through the taking of a deep lung breath 
 47-36    sample.  The system shall be calibrated so that the motor 
 47-37    vehicle may not be started if the blood alcohol 
 47-38    concentration of the operator, as measured by the device, 
 47-39    exceeds 0.02 grams or if the sample is not a sample of 
 47-40    human breath. 
 
 
 
 
                                 -47- 
 
 
 
 48- 1    (b) As used in this article, the term 'provider center' 
 48- 2    means a facility established by a county or municipality 
 48- 3    for the purpose of providing and installing ignition 
 48- 4    interlock devices when their use is required by or as a 
 48- 5    result of an order of a court of that county or 
 48- 6    municipality. 
 
 48- 7    (c) This article shall not apply with respect to a court 
 48- 8    in general if the county or municipality served by the 
 48- 9    court has not established a provider center. This article 
 48-10    shall not apply in any particular case if the relevant 
 48-11    provider center does not have available a functioning 
 48-12    certified ignition interlock device available for use in 
 48-13    that particular case. 
 
 48-14    (d) Ignition interlock devices for provider centers shall 
 48-15    be purchased or leased by counties and municipalities 
 48-16    pursuant to competitive bidding procedures established by 
 48-17    the rules and regulations of the Department of Public 
 48-18    Safety. 
 
 48-19    (e) A provider center may charge the person whose vehicle 
 48-20    is to be equipped with an ignition interlock device 
 48-21    installation and deinstallation fees and rental fees 
 48-22    reasonably calculated to compensate the county or 
 48-23    municipality for the total direct and indirect costs of 
 48-24    operating the provider center. A provider center may also 
 48-25    require such person to make a security deposit for the 
 48-26    safe return of the ignition interlock device. Payment of 
 48-27    any or all of such fees and deposits may be made a 
 48-28    condition of probation under this order. 
 
 48-29    42-8-111. 
 
 48-30    (a) In addition to any other provision of probation, upon 
 48-31    a conviction of a second charge of violating Code Section 
 48-32    40-6-391 within five years, as measured from the dates of 
 48-33    previous arrests for which convictions were obtained to 
 48-34    the date of the current arrest for which a conviction is 
 48-35    obtained, for which a person is granted probation, the 
 48-36    court may order that such person not drive a motor vehicle 
 48-37    for a period of not less than six months unless such 
 48-38    vehicle is equipped with a functioning, certified ignition 
 48-39    interlock device.  For the purposes of this subsection, a 
 48-40    plea of nolo contendere shall constitute a conviction. 
 48-41    Any person who is ordered to obtain and use an ignition 
 48-42    interlock device, as a condition of probation, shall 
 48-43    complete the DUI Alcohol or Drug Use Risk Reduction 
 
 
 
                                 -48- 
 
 
 
 49- 1    Program and submit to the court or probation department 
 49- 2    board a certificate of completion of the DUI Alcohol or 
 49- 3    Drug Use Risk Reduction Program and certification of 
 49- 4    installation of a certified ignition interlock device. 
 
 49- 5    (b) Except as otherwise provided in this article, the 
 49- 6    court may order the installation of a certified ignition 
 49- 7    interlock device on any vehicle which any person subject 
 49- 8    to subsection (a) of this Code section owns or operates. 
 49- 9    Upon a third or subsequent conviction the court shall 
 49-10    require installation of a certified ignition interlock 
 49-11    device. 
 
 49-12    (c) If use of an ignition interlock device is ordered, the 
 49-13    court shall include in the record of conviction or 
 49-14    violation submitted to the Department of Public Safety 
 49-15    notice of the requirement for, and the period of the 
 49-16    requirement for, the use of a certified ignition interlock 
 49-17    device.  The records of the Department of Public Safety 
 49-18    shall contain a record reflecting mandatory use of such 
 49-19    device and the person's driver's license shall contain a 
 49-20    notation that the person may only operate a motor vehicle 
 49-21    equipped with a functioning, certified ignition interlock 
 49-22    device. 
 
 49-23      (d) Except as provided in Code Section 42-8-112, no 
 49-24      provision of this article shall be deemed to reduce any 
 49-25      period of driver's license suspension or revocation 
 49-26      otherwise imposed by law. 
 
 49-27      (e) The fee for issuance of any driver's license 
 49-28      indicating that use of an ignition interlock device is 
 49-29      required shall be $15.00, except that for habitual 
 49-30      violators required to use an ignition interlock device 
 49-31      as a condition of a probationary license the fee shall 
 49-32      be as prescribed in Code Section 40-5-58. Upon 
 49-33      expiration of the period of time for which such person 
 49-34      is required to use an ignition interlock device the 
 49-35      person may apply for and receive a regular driver's 
 49-36      license upon payment of the fee provided for in Code 
 49-37      Section 40-5-25. 
 
 49-38    42-8-112. 
 
 49-39    (a) If the court imposes the use of an ignition interlock 
 49-40    device as a condition of probation on a person whose 
 49-41    driving privilege is not suspended or revoked, the court 
 49-42    shall require the person to provide proof of compliance 
 49-43    with such order to the court or the probation officer 
 
 
                                 -49- 
 
 
 
 50- 1    within 30 days.  If the person fails to provide proof of 
 50- 2    installation within such period, absent a finding by the 
 50- 3    court of good cause for that failure, which finding is 
 50- 4    entered in the court's record, the court shall revoke or 
 50- 5    terminate the probation. 
 
 50- 6    (b) If the court imposes the use of an ignition interlock 
 50- 7    device as a condition of probation on a person whose 
 50- 8    driving privilege is suspended or revoked, the court shall 
 50- 9    require the person to provide proof of compliance with 
 50-10    such order to the court or the probation officer and the 
 50-11    Department of Public Safety not later than the date on 
 50-12    which such suspension or revocation concludes.  If the 
 50-13    person fails to provide proof of installation within such 
 50-14    period, the department shall not reinstate such person's 
 50-15    driver's license and, absent a finding by the court of 
 50-16    good cause for that failure, which finding is entered on 
 50-17    the court's record, the court shall revoke or terminate 
 50-18    the probation.  If the person is authorized under Code 
 50-19    Section 40-5-63 or 40-5-67.2 to apply for reinstatement of 
 50-20    his or her driver's license during the period of 
 50-21    suspension, such person shall prior to applying for 
 50-22    reinstatement of the license have an ignition interlock 
 50-23    device installed and shall maintain such ignition 
 50-24    interlock device in his or her vehicle for a period of six 
 50-25    months; provided, however, that for a second or subsequent 
 50-26    suspension under Code Section 40-5-63 or suspension for a 
 50-27    second offense under Code Section 40-5-67.2, after the 
 50-28    Department of Public Safety has held the suspended 
 50-29    driver's license for a minimum of 30 days, such person may 
 50-30    apply for and be issued a six-month ignition interlock 
 50-31    permit, provided that such person submits to the 
 50-32    department proof of completion of a DUI Alcohol or Drug 
 50-33    Use Risk Reduction Program and proof of installation of an 
 50-34    ignition interlock device on his or her vehicle.  Any 
 50-35    driver who is issued an ignition interlock permit prior to 
 50-36    the expiration of 120 days after the suspension of the 
 50-37    driver's license may operate such vehicle:  (1) only to 
 50-38    and from a place of employment or to perform the duties of 
 50-39    his or her occupation; (2) to receive medical care or to 
 50-40    obtain prescription drugs; (3) to attend a school or 
 50-41    college at which he or she is enrolled; (4) to attend 
 50-42    court ordered driver improvement or driver education or a 
 50-43    drug or alcohol program; (5) to attend regularly scheduled 
 50-44    meetings or sessions of recognized organizations for 
 50-45    persons who have alcohol or drug addiction or abuse 
 
 
 
                                 -50- 
 
 
 
 51- 1    problems; or (6) to report to an ignition interlock 
 51- 2    station.  At the expiration of such six-month ignition 
 51- 3    interlock permit the driver may apply for reinstatement of 
 51- 4    a regular driver's license upon payment of the fee 
 51- 5    provided in Code Section 40-5-25.  If the person is 
 51- 6    authorized under Code Section 40-5-58 or under Code 
 51- 7    Section 40-5-67.2 to obtain a habitual violator's 
 51- 8    probationary license, such person shall, if such person is 
 51- 9    a habitual violator as a result of two or more convictions 
 51-10    for driving under the influence of alcohol or drugs, 
 51-11    install an ignition interlock device as a condition of 
 51-12    such probationary license.  Failure to show proof of such 
 51-13    device shall be grounds for refusal of reinstatement of 
 51-14    such license or issuance of such habitual violator's 
 51-15    probationary license or the immediate suspension or 
 51-16    revocation of such license. 
 
 51-17    (c) Each person who is required to use an ignition 
 51-18    interlock device pursuant to this article shall report to 
 51-19    the provider center every 30 days for the purpose of 
 51-20    monitoring the operation of each interlocking ignition 
 51-21    device in the person's vehicle or vehicles.  If at any 
 51-22    time it is determined that a person has tampered with the 
 51-23    device, the Department of Public Safety or the court 
 51-24    ordering use of such device shall be given written notice 
 51-25    within five days.  If an ignition interlock device is 
 51-26    found to be malfunctioning, it shall be replaced or 
 51-27    repaired, as ordered by the court or the Department of 
 51-28    Public Safety, at the expense of the provider. 
 
 51-29    42-8-113. 
 
 51-30    (a) No person shall knowingly rent, lease, or lend a motor 
 51-31    vehicle to a person known to have had his or her driving 
 51-32    privilege restricted as a condition of probation as 
 51-33    provided in this article, unless the vehicle is equipped 
 51-34    with a functioning, certified ignition interlock device. 
 51-35    Any person whose driving privilege is restricted as a 
 51-36    condition of probation as provided in this article shall 
 51-37    notify any other person who rents, leases, or loans a 
 51-38    motor vehicle to him or her of such driving restriction. 
 
 51-39    (b) Any person convicted of a violation of subsection (a) 
 51-40    of this Code section shall be guilty of a misdemeanor. 
 
 51-41    42-8-114. 
 
 51-42    (a) Notwithstanding Code Sections 42-8-110 through 
 51-43    42-8-113, if a person who is required to use an ignition 
 
 
                                 -51- 
 
 
 
 52- 1    interlock device pursuant to this article is required to 
 52- 2    operate a motor vehicle in the course and scope of his or 
 52- 3    her employment and if the vehicle is owned by the 
 52- 4    employer, the person may operate that vehicle without 
 52- 5    installation of an approved ignition interlock device if 
 52- 6    the employer has been notified by the person that the 
 52- 7    person's driving privilege has been restricted under this 
 52- 8    article and if the person has proof of that notification 
 52- 9    in his or her possession or the notice, or a facsimile 
 52-10    copy thereof, is with the vehicle. 
 
 52-11    (b) A motor vehicle owned by a business entity, which 
 52-12    business entity is all or partly owned or controlled by a 
 52-13    person otherwise subject to this article, is not a motor 
 52-14    vehicle owned by the employer subject to the exemption in 
 52-15    subsection (a) of this Code section. 
 
 52-16    42-8-115. 
 
 52-17    (a) The commissioner of public safety or the 
 52-18    commissioner's designee shall certify ignition interlock 
 52-19    devices required by this article and the providers of such 
 52-20    devices and shall promulgate rules and regulations for the 
 52-21    certification of said devices and providers and the 
 52-22    procurement of said devices by counties and 
 52-23    municipalities.  The standards for certification of such 
 52-24    devices shall include, but not be limited to, the 
 52-25    following: 
 
 52-26      (1) The device shall not impede the safe operation of 
 52-27      the vehicle; 
 
 52-28      (2) The device shall have features that make 
 52-29      circumvention difficult but do not interfere with the 
 52-30      normal use of the vehicle; 
 
 52-31      (3) The device shall correlate well with established 
 52-32      measures of alcohol impairment; 
 
 52-33      (4) The device shall work accurately and reliably in an 
 52-34      unsupervised environment; 
 
 52-35      (5) The device shall resist tampering and give evidence 
 52-36      if tampering is attempted; 
 
 52-37      (6) The device shall be difficult to circumvent and 
 52-38      shall require premeditation to do so; 
 
 52-39      (7) The device shall require a deep lung breath sample 
 52-40      as a measure of blood alcohol concentration equivalence; 
 
 
 
                                 -52- 
 
 
 
 53- 1      (8) The device shall operate reliably over the range of 
 53- 2      automobile environments; 
 
 53- 3      (9) The device shall have the ability to record and 
 53- 4      retain the results of all tests; 
 
 53- 5      (10) The device shall be manufactured by a party who 
 53- 6      will provide liability insurance; and 
 
 53- 7      (11) The device shall be backed by a company that can 
 53- 8      provide a focal point of responsibility for the 
 53- 9      maintenance and service of such device. 
 
 53-10    (b) The commissioner of public safety may utilize 
 53-11    information from an independent agency to certify ignition 
 53-12    interlock devices on or off the premises of the 
 53-13    manufacturer in accordance with rules and regulations 
 53-14    promulgated pursuant to this article.  The cost of 
 53-15    certification shall be borne by the manufacturers of 
 53-16    ignition interlock devices. 
 
 53-17    (c) The commissioner of public safety shall adopt rules 
 53-18    and regulations for determining the accuracy of and proper 
 53-19    use of the ignition interlock devices in full compliance 
 53-20    with this article. No model of ignition interlock device 
 53-21    shall be certified unless it meets the accuracy 
 53-22    requirements specified by such rules and regulations. 
 
 53-23    (d) Before certifying any device, the Department of Public 
 53-24    Safety shall consult with the National Highway Traffic 
 53-25    Safety Administration regarding the use of ignition 
 53-26    interlock devices. 
 
 53-27    42-8-116. 
 
 53-28    The providers certified by the Department of Public Safety 
 53-29    shall design and adopt pursuant to regulations of the 
 53-30    department a warning label which shall be affixed to each 
 53-31    ignition interlock device upon installation.  The label 
 53-32    shall contain a warning that any person tampering, 
 53-33    circumventing, or otherwise misusing the device is guilty 
 53-34    of a misdemeanor and may be subject  to civil liability. 
 
 53-35    42-8-117. 
 
 53-36    (a) In the event the sentencing court or the Department of 
 53-37    Public Safety finds that a person has violated the terms 
 53-38    of probation imposed pursuant to subsection (a) of Code 
 53-39    Section 42-8-111, the Department of Public Safety shall 
 53-40    revoke that person's driving privilege for one year from 
 53-41    the date the court revokes that person's probation.  The 
 
 
                                 -53- 
 
 
 
 54- 1    court shall report such probation revocation to the 
 54- 2    Department of Public Safety by court order. 
 
 54- 3    (b) In the event the sentencing court or the Department of 
 54- 4    Public Safety finds that a person has twice violated the 
 54- 5    terms of probation imposed pursuant to subsection (a) of 
 54- 6    Code Section 42-8-111 during the same period of probation, 
 54- 7    the Department of Public Safety shall revoke that person's 
 54- 8    driving privilege for five years from the date the court 
 54- 9    revokes that person's probation for a second time.  The 
 54-10    court shall report such probation revocation to the 
 54-11    Department of Public Safety by court order. 
 
 54-12    42-8-118. 
 
 54-13    (a) It is unlawful for any person whose driving privilege 
 54-14    is restricted pursuant to subsection (a) of Code Section 
 54-15    42-8-111 to request or solicit any other person to blow 
 54-16    into an ignition interlock device or to start a motor 
 54-17    vehicle equipped with the device for the purpose of 
 54-18    providing the person so restricted with an operable motor 
 54-19    vehicle. 
 
 54-20    (b) It is unlawful for any person to blow into an ignition 
 54-21    interlock device or to start a motor vehicle equipped with 
 54-22    the device for the purpose of providing an operable motor 
 54-23    vehicle to a person whose driving privilege is restricted 
 54-24    pursuant to subsection (a) of Code Section 42-8-111. 
 
 54-25    (c) It is unlawful to tamper with, or circumvent the 
 54-26    operation of, an ignition interlock device. 
 
 54-27    (d) Any person violating any provision of this Code 
 54-28    section shall be guilty of a misdemeanor. 
 
 
 
 54-29    42-8-130. 
 
 54-30    A county shall be authorized to establish a diversion 
 54-31    center under the direction of the sheriff of the county in 
 54-32    which the diversion center is located and a diversion 
 54-33    program for the confinement of certain persons who have 
 54-34    been found in contempt of court for violation of orders 
 54-35    granting temporary or permanent alimony or child support 
 54-36    and sentenced pursuant to subsection (c) of Code Section 
 54-37    15-1-4.  While in such diversion program, the respondent 
 54-38    shall be authorized to travel to and from his or her place 
 54-39    of employment and to continue his or her occupation.  The 
 54-40    official in charge of the diversion program or his or her 
 
 
 
                                 -54- 
 
 
 
 55- 1    designee shall prescribe the routes, manner of travel, and 
 55- 2    periods of travel to be used by the respondent in 
 55- 3    attending to his or her occupation.  If the respondent's 
 55- 4    occupation requires the respondent to travel away from his 
 55- 5    or her place of employment, the amount and conditions of 
 55- 6    such travel shall be approved by the official in charge of 
 55- 7    the diversion center or his or her designee.  When the 
 55- 8    respondent is not traveling to or from his or her place of 
 55- 9    employment or engaging in his or her occupation, such 
 55-10    person shall be confined in the diversion center during 
 55-11    the term of the sentence.  With the approval of the 
 55-12    sheriff or his or her designee, the respondent may 
 55-13    participate in educational or counseling programs offered 
 55-14    at the diversion center. While participating in the 
 55-15    diversion program, the respondent shall be liable for 
 55-16    alimony or child support as previously ordered, including 
 55-17    arrears, and his or her income shall be subject to the 
 55-18    provisions of Code Sections 19-6-30 through 19-6-33 and 
 55-19    Chapter 11 of Title 19.  In addition, should any funds 
 55-20    remain after payment of child support or alimony, the 
 55-21    respondent may be charged and a fee payable to the county 
 55-22    operating the diversion program to cover the costs of his 
 55-23    or her incarceration and the administration of the 
 55-24    diversion program which fee shall be not more than $30.00 
 55-25    per day or the actual per diem cost of maintaining the 
 55-26    respondent, whichever is less, for the entire period of 
 55-27    time the person is confined to the center and 
 55-28    participating in the program.  If the respondent fails to 
 55-29    comply with any of the requirements imposed upon him or 
 55-30    her in accordance with this Code section, nothing shall 
 55-31    prevent the sentencing judge  from revoking said 
 55-32    assignment to a diversion program and providing for 
 55-33    alternative methods of incarceration." 
 
 55-34                           SECTION 8. 
 
 55-35  Code Section 45-18-7 of the Official Code of Georgia 
 55-36  Annotated, relating to retiring state employees and their 
 55-37  spouses and dependents and the eligibility of employees of 
 55-38  state-wide probation system to continue coverage upon 
 55-39  retirement from local retirement system, is amended by 
 55-40  striking subsection (b) and inserting in lieu thereof the 
 55-41  following: 
 
 55-42    "(b) Employees of the state-wide probation system 
 55-43    administered by the Department of Corrections State Board 
 55-44    of Pardons and Paroles who were employees of a county 
 
 
 
                                 -55- 
 
 
 
 56- 1    probation system of a county having a population of 
 56- 2    550,000 or more according to the United States decennial 
 56- 3    census of 1980 or any future such census and who were 
 56- 4    members of a local retirement system and had ten or more 
 56- 5    years of creditable service under the local retirement 
 56- 6    system at the time the county probation system became a 
 56- 7    part of the state-wide probation system shall be eligible 
 56- 8    to continue coverage under the health insurance plan for 
 56- 9    the state employees upon retirement from a local 
 56-10    retirement system by paying a premium set by the board. 
 56-11    Such retired persons shall be eligible to enroll their 
 56-12    spouses and eligible dependents in accordance with the 
 56-13    regulations of the board. Such retirees shall be treated 
 56-14    in the same manner as other retirees eligible to continue 
 56-15    coverage under the Employees' Retirement System of 
 56-16    Georgia. The board may promulgate and adopt rules and 
 56-17    regulations governing continuance and discontinuance of 
 56-18    coverage for such retired persons and their spouses and 
 56-19    eligible dependents." 
 
 56-20                           SECTION 9. 
 
 56-21  This Act shall become effective on January 1, 1998. 
 
 56-22                          SECTION 10. 
 
 56-23  All laws and parts of laws in conflict with this Act are 
 56-24  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -56- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98